HF 460

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying acquisition,
designation, and use provisions for scientific and
natural areas; modifying off-highway vehicle
provisions; regulating fees and permit requirements;
establishing certain accounts; authorizing certain
lawful purpose expenditures for projects or activities
approved by the commissioner of natural resources;
authorizing the commissioner to give preference in
certain hunting and fishing license and permit
lotteries to military service members and veterans;
modifying fishing, hunting, and firearms safety
provisions; modifying water use permit provisions;
modifying environmental advisory boards; modifying
reporting requirements for certain waste management
revenue; authorizing the use of silencers for certain
wildlife control; modifying requirements for forest
classification status review; regulating metropolitan
area water supply planning activities; regulating the
credit enhancement program; appropriating money;
amending Minnesota Statutes 2004, sections 84.027,
subdivisions 12, 15, by adding a subdivision; 84.0274,
by adding a subdivision; 84.033, by adding a
subdivision; 84.791, subdivision 2; 84.8205,
subdivisions 3, 4, 6; 84.86, subdivision 1; 84.91,
subdivision 1; 84.925, subdivision 1; 84.9256,
subdivision 1; 84D.03, subdivision 4; 85.052,
subdivision 4; 85.053, subdivisions 1, 2; 85.054, by
adding a subdivision; 85.055, subdivision 2, by adding
a subdivision; 85.43; 88.6435, subdivision 4; 97A.055,
subdivision 4b; 97A.093; 97A.135, subdivision 2a;
97A.465, by adding a subdivision; 97A.4742,
subdivision 4; 97A.485, subdivision 7; 97B.015,
subdivisions 1, 2, 5, 7; 97B.020; 97B.025; 103F.535,
subdivision 1; 103G.271, subdivision 5; 103G.615,
subdivision 2; 115A.072, subdivision 1; 115A.12;
115A.554; 115A.929; 115B.49, by adding a subdivision;
169A.63, subdivision 6; 282.08; 282.38, subdivision 1;
296A.18, subdivision 2; 349.12, subdivision 25;
462.357, subdivision 1e; 473.197, subdivision 4;
proposing coding for new law in Minnesota Statutes,
chapters 86B; 473; repealing Minnesota Statutes 2004,
sections 84.033, subdivision 2; 85.054, subdivision 1;
94.343, subdivision 6; 94.344, subdivision 6; 94.348;
94.349; 473.156; 473.197, subdivisions 1, 2, 3, 5.

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

Section 1.

Minnesota Statutes 2004, section 84.027,
subdivision 12, is amended to read:

Subd. 12.

Property disposal; gift acknowledgment;
advertising sales.

(a) The commissioner may give away to
members of the public items with a value of less than deleted text begin $10 deleted text end new text begin $50
new text end that are intended to promote conservation of natural resources
or create awareness of the state and its resources or natural
resource management programs. The total value of items given to
the public under this paragraph may not exceed $25,000 per year.

(b) The commissioner may recognize the contribution of
money or in-kind services on plaques, signs, publications,
audio-visual materials, and media advertisements by allowing the
organization's contribution to be acknowledged in print of
readable size.

(c) The commissioner may accept paid advertising for
departmental publications. Advertising revenues received are
appropriated to the commissioner to be used to defray costs of
publications, media productions, or other informational
materials. The commissioner may not accept paid advertising
from any elected official or candidate for elective office.

Sec. 2.

Minnesota Statutes 2004, section 84.027,
subdivision 15, is amended to read:

Subd. 15.

Electronic transactions.

(a) The commissioner
may receive an application for, sell, and issue any license,
stamp, permit, new text begin pass, sticker, duplicate safety training
certification, new text end registration, or transfer under the jurisdiction
of the commissioner by electronic means, including by telephone.
Notwithstanding section 97A.472, electronic and telephone
transactions may be made outside of the state. The commissioner
may:

(1) provide for the electronic transfer of funds generated
by electronic transactions, including by telephone;

(2) assign a license identification number to an applicant
who purchases a hunting or fishing license by electronic means,
to serve as temporary authorization to engage in the licensed
activity until the license is received or expires;

(3) charge and permit agents to charge a fee of individuals
who make electronic transactions and transactions by
telephone new text begin or Internet new text end , including deleted text begin the deleted text end issuing deleted text begin fee under section
97A.485, subdivision 6, deleted text end new text begin fees new text end and an additional transaction fee
not to exceed $3.50;

(4) deleted text begin collect issuing or filing fees as provided under
sections 84.788, subdivision 3, paragraph (e); 84.798,
subdivision 3, paragraph (b); 84.82, subdivision 2, paragraph
(d); 84.8205, subdivisions 5 and 6; 84.922, subdivision 2,
paragraph (e); 85.41, subdivision 5; 86B.415, subdivision 8; and
97A.485, subdivision 6, and collect deleted text end new text begin establish, by written order,
new text end an electronic licensing system commission deleted text begin on deleted text end new text begin to be paid by
revenues generated from all new text end sales deleted text begin of licenses as provided under
sections 85.43, paragraph (b), and 97A.485, subdivision 7 deleted text end new text begin made
through the electronic licensing system. The commissioner shall
establish the commission in a manner that neither significantly
overrecovers nor underrecovers costs involved in providing the
electronic licensing system new text end ; and

(5) adopt rules to administer the provisions of this
subdivision.

(b) deleted text begin Establishment of deleted text end The deleted text begin transaction fee deleted text end new text begin fees established
new text end under paragraph (a), clause (3) new text begin , and the commission established
under paragraph (a), clause (4) new text end , deleted text begin is deleted text end new text begin are new text end not subject to the
rulemaking procedures of chapter 14 and section 14.386 does not
apply.

(c) Money received from fees and commissions collected
under this subdivision, including interest earned, is annually
appropriated from the game and fish fund and the natural
resources fund to the commissioner for the cost of electronic
licensing.

Sec. 3.

Minnesota Statutes 2004, section 84.027, is
amended by adding a subdivision to read:

new text begin Subd. 17. new text end

new text begin Background checks for volunteer
instructors. new text end

new text begin (a) The commissioner may conduct background checks
for volunteer instructor applicants for department safety
training and education programs, including the programs
established under sections 84.791 (youth off-highway motorcycle
safety education and training), 84.86 and 84.862 (youth and
adult snowmobile safety training), 84.925 (youth all-terrain
vehicle safety education and training), 97B.015 (youth firearms
safety training), and 97B.025 (hunter and trapper education and
training).
new text end

new text begin (b) The commissioner shall perform the background check by
retrieving criminal history data maintained in the Criminal
Justice Information System (CJIS) and other data sources.
new text end

new text begin (c) The commissioner shall develop a standardized form to
be used for requesting a background check, which must include:
new text end

new text begin (1) a notification to the applicant that the commissioner
will conduct a background check under this section;
new text end

new text begin (2) a notification to the applicant of the applicant's
rights under paragraph (d); and
new text end

new text begin (3) a signed consent by the applicant to conduct the
background check expiring one year from date of signature.
new text end

new text begin (d) The volunteer instructor applicant who is the subject
of a background check has the right to:
new text end

new text begin (1) be informed that the commissioner will request a
background check on the applicant;
new text end

new text begin (2) be informed by the commissioner of the results of the
background check and obtain a copy of the background check;
new text end

new text begin (3) obtain any record that forms the basis for the
background check and report;
new text end

new text begin (4) challenge the accuracy and completeness of the
information contained in the report or a record; and
new text end

new text begin (5) be informed by the commissioner if the applicant is
rejected because of the result of the background check.
new text end

Sec. 4.

Minnesota Statutes 2004, section 84.0274, is
amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Right of first refusal agreement. new text end

new text begin The
commissioner may enter into a right of first refusal agreement
with a landowner prior to determining the value of the land. No
right of first refusal agreement shall be made for a period of
greater than two years and payment to the landowner for entry
into the agreement shall not exceed $5,000.
new text end

Sec. 5.

Minnesota Statutes 2004, section 84.033, is
amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin County approval. new text end

new text begin The commissioner must follow
the procedures under section 97A.145, subdivision 2, for
scientific and natural areas acquired under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2004, section 84.791,
subdivision 2, is amended to read:

Subd. 2.

Fees.

For the purposes of administering the
program and to defray a portion of the expenses of training and
certifying vehicle operators, the commissioner shall collect a
fee not to exceed $5 from each person who receives the training.
The commissioner shall collect a fee for issuing a duplicate
off-highway motorcycle safety certificate. The commissioner
shall establish the fee for a duplicate off-highway motorcycle
safety certificate new text begin , to include a $1 issuing fee for licensing
agents, new text end that neither significantly overrecovers nor
underrecovers costs, including overhead costs, involved in
providing the service. The fees deleted text begin must deleted text end new text begin , except for the issuing
fee for licensing agents under this subdivision, shall new text end be
deposited in the state treasury and credited to the off-highway
motorcycle account new text begin in the natural resources fund new text end .

Sec. 7.

Minnesota Statutes 2004, section 84.8205,
subdivision 3, is amended to read:

Subd. 3.

License agents.

deleted text begin County auditors are appointed
agents of the commissioner for the sale of snowmobile state
trail stickers. deleted text end The commissioner may appoint deleted text begin other state
agencies as deleted text end agents deleted text begin for the sale of the deleted text end new text begin to issue and sell state
trail new text end stickers. deleted text begin A county auditor may appoint subagents within
the county or within adjacent counties to sell stickers. Upon
appointment of a subagent, the auditor shall notify the
commissioner of the name and address of the subagent. The
auditor may revoke the appointment of a subagent, and deleted text end The
commissioner may revoke the appointment of deleted text begin a state agency deleted text end new text begin an
agent new text end at any time. deleted text begin The commissioner may require an auditor to
revoke a subagent's appointment. The auditor shall furnish
stickers on consignment to any subagent who furnishes a surety
bond in favor of the county in an amount at least equal to the
value of the stickers to be consigned to that subagent. A
surety bond is not required for a state agency appointed by the
commissioner. The county auditor shall be responsible for all
stickers issued to and user fees received by agents except in a
county where the county auditor does not retain fees paid for
license purposes. In these counties, the responsibilities
imposed by this section upon the county auditor are imposed upon
the county. deleted text end The commissioner may deleted text begin promulgate deleted text end new text begin adopt new text end additional
rules deleted text begin governing the accounting and procedures for handling state
trail stickers deleted text end as provided in section 97A.485, subdivision 11.

deleted text begin Any resident desiring to sell snowmobile state trail
stickers may either purchase for cash or obtain on consignment
stickers from a county auditor in groups of not less than ten
individual stickers. In selling stickers, the resident shall be
deemed a subagent of the county auditor and the commissioner,
and deleted text end new text begin An agent new text end shall observe all rules deleted text begin promulgated deleted text end new text begin adopted new text end by the
commissioner for accounting and handling of deleted text begin licenses and
deleted text end stickers pursuant to section 97A.485, subdivision 11.

deleted text begin The county auditor deleted text end new text begin An agent new text end shall promptly deposit new text begin and
remit new text end all money received from the sale of the stickers deleted text begin with the
county treasurer and shall promptly transmit any reports
required by the commissioner, plus 96 percent of the price paid
by each stickerholder deleted text end , exclusive of the issuing fee, deleted text begin for each
sticker sold or consigned by the auditor and subsequently sold
to a stickerholder during the accounting period. The county
auditor shall retain as a commission four percent of all sticker
fees, excluding the issuing fee for stickers consigned to
subagents and the issuing fee on stickers sold by the auditor to
stickerholders deleted text end new text begin to the commissioner new text end .

deleted text begin Unsold stickers in the hands of any subagent shall be
redeemed by the commissioner if presented for redemption within
the time prescribed by the commissioner. Any stickers not
presented for redemption within the period prescribed shall be
conclusively presumed to have been sold, and the subagent
possessing the same or to whom they are charged shall be
accountable.
deleted text end

Sec. 8.

Minnesota Statutes 2004, section 84.8205,
subdivision 4, is amended to read:

Subd. 4.

deleted text begin distribution deleted text end new text begin issuance new text end of stickers.

The
commissioner new text begin and agents new text end shall deleted text begin provide deleted text end new text begin issue and sell snowmobile
state trail new text end stickers deleted text begin to all agents authorized to issue stickers
by the commissioner deleted text end .

Sec. 9.

Minnesota Statutes 2004, section 84.8205,
subdivision 6, is amended to read:

Subd. 6.

Duplicate state trail stickers.

The
commissioner new text begin and agents new text end shall issue a duplicate sticker to
persons whose sticker is lost or destroyed using the process
established under section 97A.405, subdivision 3, and rules
promulgated thereunder. The fee for a duplicate state trail
sticker is $2, with an issuing fee of 50 cents.

Sec. 10.

Minnesota Statutes 2004, section 84.86,
subdivision 1, is amended to read:

Subdivision 1.

Required rules.

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

(1) Registration of snowmobiles and display of registration
numbers.

(2) Use of snowmobiles insofar as game and fish resources
are affected.

(3) Use of snowmobiles on public lands and waters, or on
grant-in-aid trails.

(4) Uniform signs to be used by the state, counties, and
cities, which are necessary or desirable to control, direct, or
regulate the operation and use of snowmobiles.

(5) Specifications relating to snowmobile mufflers.

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

(7) The operator of any snowmobile involved in an accident
resulting in injury requiring medical attention or
hospitalization to or death of any person or total damage to an
extent of $500 or more, shall forward a written report of the
accident to the commissioner on such form as the commissioner
shall prescribe. If the operator is killed or is unable to file
a report due to incapacitation, any peace officer investigating
the accident shall file the accident report within ten business
days.

Sec. 11.

Minnesota Statutes 2004, section 84.91,
subdivision 1, is amended to read:

Subdivision 1.

Acts prohibited.

(a) No owner or other
person having charge or control of any snowmobile or all-terrain
vehicle shall authorize or permit any individual the person
knows or has reason to believe is under the influence of alcohol
or a controlled substance or other substance to operate the
snowmobile or all-terrain vehicle anywhere in this state or on
the ice of any boundary water of this state.

(b) No owner or other person having charge or control of
any snowmobile or all-terrain vehicle shall knowingly authorize
or permit any person, who by reason of any physical or mental
disability is incapable of operating the vehicle, to operate the
snowmobile or all-terrain vehicle anywhere in this state or on
the ice of any boundary water of this state.

(c) A person who operates or is in physical control of a
snowmobile or all-terrain vehicle anywhere in this state or on
the ice of any boundary water of this state is subject to
chapter 169A. In addition to the applicable sanctions under
chapter 169A, a person who is convicted of violating section
169A.20 or an ordinance in conformity with it while operating a
snowmobile or all-terrain vehicle, or who refuses to comply with
a lawful request to submit to testing under sections 169A.50 to
169A.53 or an ordinance in conformity with it, shall be
prohibited from operating the snowmobile or all-terrain vehicle
for a period of one year. The commissioner shall notify the
person of the time period during which the person is prohibited
from operating a snowmobile or all-terrain vehicle.

(d) Administrative and judicial review of the operating
privileges prohibition is governed by section 97B.066,
subdivisions 7 to 9, if the person does not have a prior
impaired driving conviction or prior license revocation, as
defined in section 169A.03. Otherwise, administrative and
judicial review of the prohibition is governed by section
169A.53.

(e) The court shall promptly forward to the commissioner
and the Department of Public Safety copies of all convictions
and criminal and civil sanctions imposed under this section and
deleted text begin chapter deleted text end new text begin chapters new text end 169 new text begin and 169A new text end relating to snowmobiles and
all-terrain vehicles.

(f) A person who violates paragraph (a) or (b), or an
ordinance in conformity with either of them, is guilty of a
misdemeanor. A person who operates a snowmobile or all-terrain
vehicle during the time period the person is prohibited from
operating a vehicle under paragraph (c) is guilty of a
misdemeanor.

Sec. 12.

Minnesota Statutes 2004, section 84.925,
subdivision 1, is amended to read:

Subdivision 1.

Program established.

(a) The commissioner
shall establish a comprehensive all-terrain vehicle
environmental and safety education and training program,
including the preparation and dissemination of vehicle
information and safety advice to the public, the training of
all-terrain vehicle operators, and the issuance of all-terrain
vehicle safety certificates to vehicle operators over the age of
12 years who successfully complete the all-terrain vehicle
environmental and safety education and training course.

(b) For the purpose of administering the program and to
defray a portion of the expenses of training and certifying
vehicle operators, the commissioner shall collect a fee of $15
from each person who receives the training. The commissioner
shall collect a fee new text begin , to include a $1 issuing fee for licensing
agents, new text end for issuing a duplicate all-terrain vehicle safety
certificate. The commissioner shall establish the fee for a
duplicate all-terrain vehicle safety certificate that neither
significantly overrecovers nor underrecovers costs, including
overhead costs, involved in providing the service. Fee
proceeds new text begin , except for the issuing fee for licensing agents under
this subdivision, new text end shall be deposited in the all-terrain vehicle
account in the natural resources fund.

(c) The commissioner shall cooperate with private
organizations and associations, private and public corporations,
and local governmental units in furtherance of the program
established under this section. School districts may cooperate
with the commissioner and volunteer instructors to provide space
for the classroom portion of the training. The commissioner
shall consult with the commissioner of public safety in regard
to training program subject matter and performance testing that
leads to the certification of vehicle operators. By June 30,
2003, the commissioner shall incorporate a riding component in
the safety education and training program.

Sec. 13.

Minnesota Statutes 2004, section 84.9256,
subdivision 1, is amended to read:

Subdivision 1.

Prohibitions on youthful operators.

(a)
Except for operation on public road rights-of-way that is
permitted under section 84.928, a driver's license issued by the
state or another state is required to operate an all-terrain
vehicle along or on a public road right-of-way.

(b) A person under 12 years of age shall not:

(1) make a direct crossing of a public road right-of-way;

(2) operate an all-terrain vehicle on a public road
right-of-way in the state; or

(3) operate an all-terrain vehicle on public lands or
waters.

(c) Except for public road rights-of-way of interstate
highways, a person 12 years of age but less than 16 years may
make a direct crossing of a public road right-of-way of a trunk,
county state-aid, or county highway or operate on public lands
and waters, only if that person possesses a valid all-terrain
vehicle safety certificate issued by the commissioner and is
accompanied on another all-terrain vehicle by a person 18 years
of age or older who holds a valid driver's license.

(d) All-terrain vehicle safety certificates issued by the
commissioner to persons 12 years old, but less than 16 years
old, are not valid for machines in excess of 90cc engine
capacity unless:

(1) the person successfully completed the safety education
and training program under section 84.925, subdivision 1,
including a riding component; new text begin and
new text end

(2) deleted text begin the riding component of the training was conducted
using an all-terrain vehicle with over 90cc engine capacity; and
deleted text end

deleted text begin (3) deleted text end the person is able to properly reach and control the
handle bars and reach the foot pegs while sitting upright on the
seat of the all-terrain vehicle.

Sec. 14.

Minnesota Statutes 2004, section 84D.03,
subdivision 4, is amended to read:

Subd. 4.

Commercial fishing new text begin and turtle, frog, and
crayfish harvesting new text end restrictions in infested and noninfested
waters.

(a) All nets, traps, buoys, anchors, stakes, and lines
used for commercial fishing or turtle, frog, or crayfish
harvesting in new text begin an new text end infested deleted text begin waters, deleted text end new text begin water that is new text end designated
because deleted text begin the waters contain deleted text end new text begin it contains new text end invasive fish or
invertebrates, may not be used in deleted text begin noninfested deleted text end new text begin any other new text end waters.
If a commercial licensee operates in both deleted text begin noninfested waters and
deleted text end new text begin an new text end infested deleted text begin waters deleted text end new text begin water new text end designated because deleted text begin the waters contain
deleted text end new text begin it contains new text end invasive fish or invertebrates new text begin and other waters new text end , all
nets, traps, buoys, anchors, stakes, and lines used for
commercial fishing or turtle, frog, or crayfish harvesting in
deleted text begin noninfested deleted text end waters new text begin not designated as infested with invasive fish
or invertebrates new text end must be tagged with tags provided by the
commissioner, as specified in the commercial licensee's license
or permit, and may not be used in infested waters designated
because the waters contain invasive fish or invertebrates.

(b) deleted text begin In infested waters designated solely because the waters
contain Eurasian water milfoil, deleted text end All nets, traps, buoys, anchors,
stakes, and lines used for commercial fishing or turtle, frog,
or crayfish harvesting new text begin in an infested water that is designated
solely because it contains Eurasian water milfoil new text end must be dried
for a minimum of ten days or frozen for a minimum of two days
before they are used in deleted text begin noninfested deleted text end new text begin any other new text end waters new text begin , except as
provided in this paragraph new text end . Commercial deleted text begin operators deleted text end new text begin licensees new text end must
notify the department's regional or area fisheries office or a
conservation officer deleted text begin when deleted text end new text begin before new text end removing nets or equipment from
new text begin an new text end infested deleted text begin waters deleted text end new text begin water designated solely because it contains
Eurasian water milfoil new text end and before resetting those nets or
equipment in deleted text begin noninfested deleted text end new text begin any other new text end waters. deleted text begin All aquatic
macrophytes deleted text end new text begin Upon such notification, the commissioner may
authorize a commercial licensee to move nets or equipment to
another water without freezing or drying, if that water is
designated as infested solely because it contains Eurasian water
milfoil.
new text end

new text begin (c) A commercial licensee new text end must deleted text begin be removed deleted text end new text begin remove all
aquatic macrophytes new text end from nets and other equipment when the nets
and equipment are removed from deleted text begin infested deleted text end waters new text begin of the state new text end .

new text begin (d) The commissioner shall provide a commercial licensee
with a current listing of designated infested waters at the time
that a license or permit is issued.
new text end

Sec. 15.

Minnesota Statutes 2004, section 85.052,
subdivision 4, is amended to read:

Subd. 4.

Deposit of fees.

(a) Fees paid for providing
contracted products and services within a state park, state
recreation area, or wayside deleted text begin , deleted text end and for special state park uses
under this section shall be deposited in the natural resources
fund and credited to a state parks account. new text begin Money in the
account is annually appropriated to the commissioner to operate
and maintain the state park system.
new text end

(b) Gross receipts derived from sales, rentals, or leases
of natural resources within state parks, recreation areas, and
waysides, other than those on trust fund lands, must be
deposited in the state treasury and credited to the general fund.

Sec. 16.

Minnesota Statutes 2004, section 85.053,
subdivision 1, is amended to read:

Subdivision 1.

Form, issuance, validity.

(a) The
commissioner shall prepare and provide state park permits for
each calendar year that state a motor vehicle may enter and use
state parks, state recreation areas, and state waysides over 50
acres in area. State park permits must be available and placed
on sale by January 1 of the calendar year deleted text begin that the permit is
valid deleted text end new text begin in which the permits are to be issued new text end . A separate
motorcycle permit may be prepared and provided by the
commissioner.

(b) An annual state park permit deleted text begin must be affixed when
purchased and deleted text end may be used from the time it is deleted text begin affixed deleted text end new text begin purchased
new text end for a 12-month period. State park permits in each category must
be numbered consecutively for each year of issue.

(c) State park permits shall be issued by employees of the
Division of Parks and Recreation as designated by the
commissioner. State park permits also may be consigned to and
issued by agents designated by the commissioner who are not
employees of the Division of Parks and Recreation. All proceeds
from the sale of permits and all unsold permits consigned to
agents shall be returned to the commissioner at such times as
the commissioner may direct, but no later than the end of the
calendar year for which the permits are deleted text begin effective deleted text end new text begin issued new text end . No
part of the permit fee may be retained by an agent. An
additional charge or fee in an amount to be determined by the
commissioner, but not to exceed four percent of the price of the
permit, may be collected and retained by an agent for handling
or selling the permits.

Sec. 17.

Minnesota Statutes 2004, section 85.053,
subdivision 2, is amended to read:

Subd. 2.

Requirement.

Except as provided in section
85.054, a motor vehicle may not enter a state park, state
recreation area, or state wayside over 50 acres in area, without
a state park permit issued under this section. Except for
vehicles permitted under subdivision 7, paragraph (a), clause
(2), the state park permit must be affixed to the lower right
corner windshield of the motor vehicle and must be completely
affixed by its own adhesive to the windshield new text begin , or the
commissioner may, by written order, provide an alternative means
to display and validate annual permits new text end .

Sec. 18.

Minnesota Statutes 2004, section 85.054, is
amended by adding a subdivision to read:

new text begin Subd. 11. new text end

new text begin Big bog state recreation area. new text end

new text begin A state park
permit is not required and a fee may not be charged for motor
vehicle entry or parking at the parking area located north of
Tamarac River in the southern unit of Big Bog State Recreation
Area, Beltrami County.
new text end

Sec. 19.

Minnesota Statutes 2004, section 85.055, is
amended by adding a subdivision to read:

new text begin Subd. 1b. new text end

new text begin Discounts. new text end

new text begin Except as otherwise specified in
law, and notwithstanding section 16A.1285, subdivision 2, the
commissioner may, by written order, authorize waiver or
reduction of state park entrance fees.
new text end

Sec. 20.

Minnesota Statutes 2004, section 85.055,
subdivision 2, is amended to read:

Subd. 2.

Fee deposit and appropriation.

The fees
collected under this section shall be deposited in the natural
resources fund and credited to deleted text begin a deleted text end new text begin the new text end state parks account. new text begin Money
in the account, except for the electronic licensing system
commission established by the commissioner under section 84.027,
subdivision 15, is annually appropriated to the commissioner to
operate and maintain the state park system.
new text end

Sec. 21.

Minnesota Statutes 2004, section 85.43, is
amended to read:

85.43 DISPOSITION OF RECEIPTS; PURPOSE.

deleted text begin (a) deleted text end Fees from cross-country ski passes shall be deposited
in the state treasury and credited to a cross-country ski
account in the natural resources fund and, except deleted text begin as provided in
paragraph (b) deleted text end new text begin for the electronic licensing system commission
established by the commissioner under section 84.027,
subdivision 15 new text end , are appropriated to the commissioner of natural
resources for:

(1) grants-in-aid for cross-country ski trails sponsored by
local units of government and special park districts as provided
in section 85.44; and

(2) maintenance, winter grooming, and associated
administrative costs for cross-country ski trails under the
jurisdiction of the commissioner.

deleted text begin (b) The commissioner shall retain for the operation of the
electronic licensing system a commission of 4.7 percent of all
cross-country ski pass fees collected.
deleted text end

Sec. 22.

new text begin [86B.706] WATER RECREATION ACCOUNT; RECEIPTS AND
PURPOSE.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The water recreation account is
created in the state treasury in the natural resources fund.
new text end

new text begin Subd. 2. new text end

new text begin Money deposited in account. new text end

new text begin The following shall
be deposited in the state treasury and credited to the water
recreation account:
new text end

new text begin (1) fees and surcharges from titling and licensing of
watercraft under this chapter;
new text end

new text begin (2) fines, installment payments, and forfeited bail
according to section 86B.705, subdivision 2;
new text end

new text begin (3) civil penalties according to section 84D.13;
new text end

new text begin (4) mooring fees and receipts from the sale of marine gas
at state-operated or state-assisted small craft harbors and
mooring facilities according to section 86A.21;
new text end

new text begin (5) the unrefunded gasoline tax attributable to watercraft
use under section 296A.18; and
new text end

new text begin (6) fees for permits issued to control or harvest aquatic
plants other than wild rice under section 103G.615, subdivision
2.
new text end

new text begin Subd. 3. new text end

new text begin Purposes. new text end

new text begin The money in the account may be
expended only as appropriated by law for the following purposes:
new text end

new text begin (1) as directed under section 296A.18, subdivision 2, for
acquisition, development, maintenance, and rehabilitation of
public water access and boating facilities on public waters;
lake and river improvements; and boat and water safety;
new text end

new text begin (2) from the fees collected at state-operated or
state-assisted small craft harbors and mooring facilities from
daily and seasonal moorings and the sale of marine gas, for
maintenance, operation, replacement, and expansion of these
facilities and for the debt service on state bonds sold to
finance these facilities;
new text end

new text begin (3) for administration and enforcement of this chapter as
it pertains to titling and licensing of watercraft and use and
safe operation of watercraft, grants for county-sponsored and
administered boat and water safety programs, and state boat and
water safety efforts;
new text end

new text begin (4) for management of aquatic invasive species and the
implementation of chapter 84D as it pertains to aquatic invasive
species, including control, public awareness, law enforcement,
assessment and monitoring, management planning, and research;
and
new text end

new text begin (5) for management of aquatic plants and the implementation
of section 103G.615 as it pertains to aquatic plants, including
plant removal permitting, control, public awareness, law
enforcement, assessment and monitoring, management planning, and
research.
new text end

Sec. 23.

Minnesota Statutes 2004, section 88.6435,
subdivision 4, is amended to read:

Subd. 4.

new text begin forest bough account; new text end disposition of deleted text begin permit deleted text end fees
deleted text begin and penalties deleted text end .

new text begin (a) The forest bough account is established in
the state treasury within the natural resources fund.
new text end

new text begin (b) new text end Fees for permits issued under this section shall be
deposited in the state treasury and credited to the deleted text begin special
revenue fund deleted text end new text begin forest bough account new text end and new text begin , except for the electronic
licensing system commission established by the commissioner
under section 84.027, subdivision 15, new text end are annually appropriated
to the commissioner of natural resources for costs associated
with balsam bough educational programs for harvesters and buyers.

Sec. 24.

Minnesota Statutes 2004, section 97A.055,
subdivision 4b, is amended to read:

Subd. 4b.

Citizen oversight subcommittees.

(a) The
commissioner shall appoint subcommittees of affected persons to
review the reports prepared under subdivision 4; review the
proposed work plans and budgets for the coming year; propose
changes in policies, activities, and revenue enhancements or
reductions; review other relevant information; and make
recommendations to the legislature and the commissioner for
improvements in the management and use of money in the game and
fish fund.

(b) The commissioner shall appoint the following
subcommittees, each comprised of at least three affected persons:

(1) a Fisheries Operations Subcommittee to review fisheries
funding, excluding activities related to trout and salmon stamp
funding;

(2) a Wildlife Operations Subcommittee to review wildlife
funding, excluding activities related to migratory waterfowl,
pheasant, and turkey stamp funding and excluding review of the
amounts available under section 97A.075, subdivision 1,
paragraphs (b) and (c);

(3) a Big Game Subcommittee to review the report required
in subdivision 4, paragraph (a), clause (2);

(4) an Ecological Services Operations Subcommittee to
review ecological services funding;

(5) a subcommittee to review game and fish fund funding of
enforcement, support services, and Department of Natural
Resources administration;

(6) a subcommittee to review the trout and salmon stamp
report and address funding issues related to trout and salmon;

(7) a subcommittee to review the report on the migratory
waterfowl stamp and address funding issues related to migratory
waterfowl;

(8) a subcommittee to review the report on the pheasant
stamp and address funding issues related to pheasants; and

(9) a subcommittee to review the report on the turkey stamp
and address funding issues related to wild turkeys.

(c) The chairs of each of the subcommittees shall form a
Budgetary Oversight Committee to coordinate the integration of
the subcommittee reports into an annual report to the
legislature; recommend changes on a broad level in policies,
activities, and revenue enhancements or reductions; provide a
forum to address issues that transcend the subcommittees; and
submit a report for any subcommittee that fails to submit its
report in a timely manner.

(d) The Budgetary Oversight Committee shall develop
recommendations for a biennial budget plan and report for
expenditures on game and fish activities. By August 15 of each
even-numbered year, the committee shall submit the budget plan
recommendations to the commissioner new text begin and to the senate and house
committees with jurisdiction over natural resources finance new text end .

(e) Each subcommittee shall choose its own chair, except
that the chair of the Budgetary Oversight Committee shall be
appointed by the commissioner and may not be the chair of any of
the subcommittees.

(f) The Budgetary Oversight Committee must make
recommendations to the commissioner new text begin and to the senate and house
committees with jurisdiction over natural resources finance new text end for
outcome goals from expenditures.

(g) Notwithstanding section 15.059, subdivision 5, or other
law to the contrary, the Budgetary Oversight Committee and
subcommittees do not expire until June 30, deleted text begin 2005 deleted text end new text begin 2010 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 25.

Minnesota Statutes 2004, section 97A.093, is
amended to read:

97A.093 HUNTING, TRAPPING, AND FISHING IN SCIENTIFIC AND
NATURAL AREAS.

Except as otherwise provided by law, scientific and natural
areas are closed to hunting, trapping, and fishing unless:

(1) deleted text begin for scientific and natural areas designated before May
15, 1992, deleted text end the designating document allows hunting, trapping, or
fishing; or

(2) deleted text begin for other scientific and natural areas, deleted text end the
commissioner allows hunting, trapping, or fishing in accordance
with the procedure in section 86A.05, subdivision 5, paragraph
(d).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 26.

Minnesota Statutes 2004, section 97A.135,
subdivision 2a, is amended to read:

Subd. 2a.

Disposal of land in wildlife management areas.

(a) The commissioner may sell or exchange land in a wildlife
management area authorized by designation under section 86A.07,
subdivision 3, 97A.133, or 97A.145 if the commissioner vacates
the designation before the sale or exchange in accordance with
this subdivision. The designation may be vacated only if the
commissioner finds, after a public hearing, that the disposal of
the land is in the public interest.

(b) A sale under this subdivision is subject to sections
94.09 to 94.16. An exchange under this subdivision is subject
to sections 94.341 to deleted text begin 94.348 deleted text end new text begin 94.347 new text end .

(c) Revenue received from a sale authorized under paragraph
(a) is appropriated to the commissioner for acquisition of
replacement wildlife management lands.

(d) Land acquired by the commissioner under this
subdivision must meet the criteria in section 86A.05,
subdivision 8, and as soon as possible after the acquisition
must be designated as a wildlife management area under section
86A.07, subdivision 3, 97A.133, or 97A.145.

(e) In acquiring land under this subdivision, the
commissioner must give priority to land within the same
geographic region of the state as the land conveyed.

Sec. 27.

Minnesota Statutes 2004, section 97A.465, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Preference to service members. new text end

new text begin (a) For purposes
of this subdivision:
new text end

new text begin (1) "qualified service member or veteran" means a Minnesota
resident who is currently serving, or has served at any time
during the past 24 months, in active service as a member of the
United States armed forces, including the National Guard or
other military reserves; and
new text end

new text begin (2) "active service" means service defined under section
190.05, subdivision 5b or 5c.
new text end

new text begin (b) Notwithstanding any other provision of this chapter,
chapter 97B or 97C, or administrative rules, the commissioner
may give first preference to qualified service members or
veterans in any drawing or lottery involving the selection of
applicants for hunting or fishing licenses and permits. This
subdivision does not apply to licenses or permits for taking
moose, elk, or prairie chickens. Actions of the commissioner
under this subdivision are not rules under the Administrative
Procedures Act and section 14.386 does not apply.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 28.

Minnesota Statutes 2004, section 97A.4742,
subdivision 4, is amended to read:

Subd. 4.

Annual report.

By December 15 each year, the
commissioner shall submit a report to the legislative committees
having jurisdiction over environment and natural resources
appropriations and environment and natural resources policy.
The report shall state the amount of revenue received in and
expenditures made from revenue transferred from the lifetime
fish and wildlife trust fund to the game and fish fund deleted text begin and shall
describe projects funded, locations of the projects, and results
and benefits from the projects deleted text end . The report may be included in
the game and fish fund report required by section 97A.055,
subdivision 4. The commissioner shall make the annual report
available to the public.

Sec. 29.

Minnesota Statutes 2004, section 97A.485,
subdivision 7, is amended to read:

Subd. 7.

Electronic licensing system commission.

The
commissioner shall retain for the operation of the electronic
licensing system deleted text begin a commission of 4.7 percent of deleted text end new text begin the commission
established under section 84.027, subdivision 15, and issuing
fees collected by the commissioner on new text end all license fees
collected, excluding:

(1) the small game surcharge; new text begin and
new text end

(2) deleted text begin all issuing fees; and
deleted text end

deleted text begin (3) deleted text end $2.50 of the license fee for the licenses in section
97A.475, subdivisions 6, clauses (1), (2), and (4), 7, 8, 12,
and 13.

Sec. 30.

Minnesota Statutes 2004, section 97B.015,
subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The commissioner shall
deleted text begin make rules establishing deleted text end new text begin establish new text end a statewide course in the safe
use of firearms and identification of wild mammals and
birds. deleted text begin At least one course must be held within the boundary of
each school district. deleted text end The courses must be conducted by the
commissioner in cooperation with other organizations. The
courses must instruct youths in commonly accepted principles of
safety in hunting and handling common hunting firearms and
identification of various species of wild mammals and birds by
sight and other unique characteristics.

Sec. 31.

Minnesota Statutes 2004, section 97B.015,
subdivision 2, is amended to read:

Subd. 2.

Administration, supervision, and enforcement.

(a) The commissioner shall appoint a qualified person from the
Enforcement Division under civil service rules as supervisor of
hunting safety and prescribe the duties and responsibilities of
the position. The commissioner shall determine and provide the
Enforcement Division with the necessary personnel for this
section.

(b) deleted text begin The commissioner may appoint one or more county
directors of hunting safety in each county. An appointed county
director is responsible to the Enforcement Division. deleted text end The
Enforcement Division may appoint instructors necessary for this
section. deleted text begin County directors and deleted text end Instructors shall serve on a
voluntary basis without compensation. The Enforcement Division
must supply the materials necessary for the course. School
districts may cooperate with the commissioner and volunteer
instructors to provide space for the classroom portion of the
training.

Sec. 32.

Minnesota Statutes 2004, section 97B.015,
subdivision 5, is amended to read:

Subd. 5.

Firearms safety certificate.

The commissioner
shall issue a firearms safety certificate to a person that
satisfactorily completes the required course of instruction. A
person must be at least age 11 to take the firearms safety
course and may receive a firearms safety certificate, but the
certificate is not valid new text begin for hunting new text end until the person deleted text begin is at
least deleted text end new text begin reaches new text end age 12. new text begin A person who is age 11 and has a firearms
safety certificate may purchase a deer, bear, turkey, or prairie
chicken license that will become valid when the person reaches
age 12. new text end A firearms safety certificate issued to a person under
age 12 by another state as provided in section 97B.020 is not
valid new text begin for hunting new text end in Minnesota until the person reaches age 12.
The form and content of the firearms safety certificate shall be
prescribed by the commissioner.

Sec. 33.

Minnesota Statutes 2004, section 97B.015,
subdivision 7, is amended to read:

Subd. 7.

Fee for duplicate certificate.

The commissioner
shall collect a fee new text begin , to include a $1 issuing fee for licensing
agents, new text end for issuing a duplicate firearms safety certificate.
The commissioner shall establish a fee that neither
significantly overrecovers nor underrecovers costs, including
overhead costs, involved in providing the service. The fee is
not subject to the rulemaking provisions of chapter 14 and
section 14.386 does not apply. The commissioner may establish
the fee notwithstanding section 16A.1283. new text begin The duplicate
certificate fees, except for the issuing fee for licensing
agents under this subdivision, shall be deposited in the game
and fish fund and, except for the electronic licensing system
commission established by the commissioner under section 84.027,
subdivision 15, and issuing fees collected by the commissioner,
are appropriated annually to the Enforcement Division of the
Department of Natural Resources for the administration of the
firearm safety course program.
new text end

Sec. 34.

Minnesota Statutes 2004, section 97B.020, is
amended to read:

97B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.

(a) Except as provided in this section and section 97A.451,
subdivision 3a, a person born after December 31, 1979, may not
obtain an annual license to take wild animals by firearms unless
the person has new text begin :
new text end

new text begin (1) new text end a firearms safety certificate or equivalent
certificate deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) a new text end driver's license or identification card with a valid
firearms safety qualification indicator issued under section
171.07, subdivision 13 deleted text begin , deleted text end new text begin ;
new text end

new text begin (3) a new text end previous hunting license deleted text begin , deleted text end new text begin with a valid firearms
safety qualification indicator; new text end or

new text begin (4) new text end other evidence indicating that the person has completed
in this state or in another state a hunter safety course
recognized by the department under a reciprocity agreement or
certified by the department as substantially similar.

new text begin (b) new text end A person who is on active duty and has successfully
completed basic training in the United States armed forces,
reserve component, or National Guard may obtain a hunting
license or approval authorizing hunting regardless of whether
the person is issued a firearms safety certificate.

deleted text begin (b) deleted text end new text begin (c) new text end A person born after December 31, 1979, may not use
a lifetime license to take wild animals by firearms, unless the
person meets the requirements for obtaining an annual license
under paragraph (a) new text begin or (b) new text end .

Sec. 35.

Minnesota Statutes 2004, section 97B.025, is
amended to read:

97B.025 HUNTER AND TRAPPER EDUCATION.

(a) The commissioner may establish education courses for
hunters and trappers. The commissioner shall collect a fee from
each person attending a course. A fee new text begin , to include a $1 issuing
fee for licensing agents, new text end shall be collected for issuing a
duplicate certificate. The commissioner shall establish the
fees in a manner that neither significantly overrecovers nor
underrecovers costs, including overhead costs, involved in
providing the services. The fees are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not
apply. The commissioner may establish the fees notwithstanding
section 16A.1283. The fees new text begin , except for the issuing fee for
licensing agents under this subdivision, new text end shall be deposited in
the game and fish fund and the amount thereof new text begin , except for the
electronic licensing system commission established by the
commissioner under section 84.027, subdivision 15, new text end is
appropriated annually to the Enforcement Division of the
Department of Natural Resources for the administration of the
program. In addition to the fee established by the commissioner
for each course, instructors may charge each person up to the
established fee amount for class materials and expenses. School
districts may cooperate with the commissioner and volunteer
instructors to provide space for the classroom portion of the
training.

(b) The commissioner shall enter into an agreement with a
statewide nonprofit trappers association to conduct a trapper
education program. At a minimum, the program must include at
least six hours of classroom and in the field training. The
program must include a review of state trapping laws and
regulations, trapping ethics, the setting and tending of traps
and snares, tagging and registration requirements, and the
preparation of pelts. The association shall be responsible for
all costs of conducting the education program, and shall not
charge any fee for attending the course.

Sec. 36.

Minnesota Statutes 2004, section 103F.535,
subdivision 1, is amended to read:

Subdivision 1.

Reservation of marginal land and
wetlands.

(a) Marginal land and wetlands are withdrawn from
sale or exchange unless:

(1) notice of the existence of the nonforested marginal
land or wetlands, in a form prescribed by the Board of Water and
Soil Resources, is provided to prospective purchasers; and

(2) the deed contains a restrictive covenant, in a form
prescribed by the Board of Water and Soil Resources, that
precludes enrollment of the land in a state-funded program
providing compensation for conservation of marginal land or
wetlands.

(b) This section does not apply to transfers of land by the
Board of Water and Soil Resources to correct errors in legal
descriptions under section 103F.515, subdivision 8, or to
transfers by the commissioner of natural resources for:

(1) land that is currently in nonagricultural commercial
use if a restrictive covenant would interfere with the
commercial use;

(2) land in platted subdivisions;

(3) conveyances of land to correct errors in legal
descriptions under section 84.0273;

(4) exchanges of nonagricultural land with the federal
government, or exchanges of Class A, Class B, and deleted text begin Class C
deleted text end new text begin riparian new text end nonagricultural land with local units of government
under sections 94.342, 94.343, new text begin and new text end 94.344 deleted text begin , and 94.349 deleted text end ;

(5) land transferred to political subdivisions for public
purposes under sections 84.027, subdivision 10, and 94.10; and

(6) land not needed for trail purposes that is sold to
adjacent property owners and lease holders under section 85.015,
subdivision 1, paragraph (b).

(c) This section does not apply to transfers of land by the
commissioner of administration or transportation or by the
Minnesota Housing Finance Agency, or to transfers of
tax-forfeited land under chapter 282 if:

(1) the land is in platted subdivisions; or

(2) the conveyance is a transfer to correct errors in legal
descriptions.

(d) This section does not apply to transfers of land by the
commissioner of administration or by the Minnesota Housing
Finance Agency for:

(1) land that is currently in nonagricultural commercial
use if a restrictive covenant would interfere with the
commercial use; or

(2) land transferred to political subdivisions for public
purposes under sections 84.027, subdivision 10, and 94.10.

Sec. 37.

Minnesota Statutes 2004, section 103G.271,
subdivision 5, is amended to read:

Subd. 5.

Prohibition on once-through water use permits.

(a) The commissioner may not, after December 31, 1990, issue a
water use permit to increase the volume of appropriation from a
groundwater source for a once-through cooling system using in
excess of 5,000,000 gallons annually.

(b) Once-through system water use permits using in excess
of 5,000,000 gallons annually, must be terminated by the
commissioner by the end of their design life but not later than
December 31, 2010, unless the discharge is into a public water
basin within a nature preserve approved by the commissioner and
established prior to January 1, 2001. Existing once-through
systems must not be expanded and are required to convert to
water efficient alternatives within the design life of existing
equipment.

new text begin (c) Notwithstanding paragraphs (a) and (b), the
commissioner, with the approval of the commissioners of health
and the Pollution Control Agency, may issue once-through system
water use permits on an annual basis for aquifer storage and
recovery systems that return all once-through system water to
the source aquifer. Water use permit processing fees in
subdivision 6, paragraph (a), apply to all water withdrawals
under this paragraph, including any reuse of water returned to
the source aquifer.
new text end

Sec. 38.

Minnesota Statutes 2004, section 103G.615,
subdivision 2, is amended to read:

Subd. 2.

Fees.

(a) The commissioner shall establish a
fee schedule for permits to control or harvest aquatic plants
other than wild rice. The fees must be set by rule, and section
16A.1283 does not apply. The fees may not exceed $750 per
permit based upon the cost of receiving, processing, analyzing,
and issuing the permit, and additional costs incurred after the
application to inspect and monitor the activities authorized by
the permit, and enforce aquatic plant management rules and
permit requirements.

(b) The fee for a permit for the control of rooted aquatic
vegetation is $35 for each contiguous parcel of shoreline owned
by an owner. This fee may not be charged for permits issued in
connection with purple loosestrife control or lakewide Eurasian
water milfoil control programs.

(c) A fee may not be charged to the state or a federal
governmental agency applying for a permit.

(d) The money received for the permits under this
subdivision shall be deposited in the treasury and credited to
the deleted text begin game and fish fund deleted text end new text begin water recreation account new text end .

Sec. 39.

Minnesota Statutes 2004, section 115A.072,
subdivision 1, is amended to read:

Subdivision 1.

Environmental education advisory board.

(a) The director shall provide for the development and
implementation of environmental education programs that are
designed to meet the goals listed in section 115A.073.

(b) The Environmental Education Advisory Board shall advise
the director in carrying out the director's responsibilities
under this section. The board consists of 20 members as follows:

(1) a representative of the Pollution Control Agency,
appointed by the commissioner of the agency;

(2) a representative of the Department of Education,
appointed by the commissioner of education;

(3) a representative of the Department of Agriculture,
appointed by the commissioner of agriculture;

(4) a representative of the Department of Health, appointed
by the commissioner of health;

(5) a representative of the Department of Natural
Resources, appointed by the commissioner of natural resources;

(6) a representative of the Board of Water and Soil
Resources, appointed by that board;

(7) a representative of the Environmental Quality Board,
appointed by that board;

(8) a representative of the Board of Teaching, appointed by
that board;

(9) a representative of the University of Minnesota
Extension Service, appointed by the director of the service;

(10) a citizen member from each congressional district, of
which two must be licensed teachers currently teaching in the
K-12 system, appointed by the director; and

(11) three at-large citizen members, appointed by the
director.

The citizen members shall serve two-year terms. Compensation of
board members is governed by section 15.059, subdivision 6. The
board expires on June 30, deleted text begin 2003 deleted text end new text begin 2008 new text end .

Sec. 40.

Minnesota Statutes 2004, section 115A.12, is
amended to read:

115A.12 ADVISORY COUNCILS.

(a) The director shall establish deleted text begin a Solid Waste Management
Advisory Council and a Prevention, Reduction, and Recycling deleted text end new text begin an
Environmental Innovations new text end Advisory Council that deleted text begin are deleted text end new text begin is new text end broadly
representative of the geographic areas and interests of the
state.

deleted text begin (b) The solid waste council shall have not less than nine
nor more than 21 members. The membership of the solid waste
council shall consist of one-third citizen representatives,
one-third representatives from local government units, and
one-third representatives from private solid waste management
firms. The solid waste council shall contain at least three
members experienced in the private recycling industry and at
least one member experienced in each of the following areas:
state and municipal finance; solid waste collection, processing,
and disposal; and solid waste reduction and resource recovery.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end The deleted text begin Prevention, Reduction, and Recycling
deleted text end new text begin Environmental Innovations new text end Advisory Council shall have not less
than nine deleted text begin nor deleted text end new text begin or new text end more than 24 members. The membership shall
consist of deleted text begin one-third deleted text end citizen deleted text begin representatives deleted text end , deleted text begin one-third
representatives of deleted text end government, new text begin institutional, new text end and deleted text begin one-third
representatives of deleted text end business deleted text begin and industry deleted text end new text begin representatives new text end . deleted text begin The
director may appoint nonvoting members from other environmental
and business assistance providers in the state.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end The deleted text begin chairs deleted text end new text begin chair new text end of the advisory deleted text begin councils
deleted text end new text begin council new text end shall be appointed by the director. The director shall
provide administrative and staff services for the advisory
deleted text begin councils deleted text end new text begin council new text end . The advisory deleted text begin councils deleted text end new text begin council new text end shall have such
duties as are assigned by law or the director. The deleted text begin Solid Waste
Advisory Council shall make recommendations to the office on its
solid waste management activities. The Prevention, Reduction,
and Recycling deleted text end new text begin Environmental Innovations new text end Advisory Council shall
make recommendations to the office on policy, programs, and
legislation in pollution prevention, waste reduction, reuse deleted text begin and deleted text end new text begin ,
new text end recycling, new text begin and new text end resource conservation deleted text begin , and the management of
hazardous waste deleted text end . new text begin The Environmental Innovations Advisory Council
shall focus on developing and implementing innovative programs
that improve Minnesota's environment by emphasizing front-end
preventative, and resource conservation approaches to preventing
waste and pollution. The council shall emphasize partnerships
of government, citizens, institutions, and business to develop
and implement these programs. new text end Members of the advisory deleted text begin councils
deleted text end new text begin council new text end shall serve without compensation but shall be reimbursed
for their reasonable expenses as determined by the director.
Notwithstanding section 15.059, subdivision 5, the deleted text begin Solid Waste
Management Advisory Council and the Prevention, Reduction, and
Recycling deleted text end new text begin Environmental Innovations new text end Advisory Council deleted text begin expire
deleted text end new text begin expires new text end June 30, deleted text begin 2003 deleted text end new text begin 2009 new text end .

Sec. 41.

Minnesota Statutes 2004, section 115A.554, is
amended to read:

115A.554 AUTHORITY OF SANITARY DISTRICTS.

A sanitary district has the authorities and duties of
counties within the district's boundary for purposes of sections
115A.0716; 115A.46, subdivisions 4 and 5; 115A.48; 115A.545;
115A.551; 115A.552; 115A.553; 115A.919; 115A.929; 115A.93;
115A.96, subdivision 6; 115A.961; 116.072; 375.18, subdivision
14; new text begin 400.04; 400.06; 400.07; new text end 400.08; 400.16; and 400.161.

Sec. 42.

Minnesota Statutes 2004, section 115A.929, is
amended to read:

115A.929 FEES; ACCOUNTING.

Each political subdivision that provides for solid waste
management shall account for all revenue collected from waste
management fees, together with interest earned on revenue from
the fees, separately from other revenue collected by the
political subdivision and shall report revenue collected from
the fees and use of the revenue separately from other revenue
and use of revenue in any required financial report or audit.
deleted text begin Each political subdivision must file with the director, on or
before June 30 annually, the separate report of all revenue
collected from waste management fees, together with interest on
revenue from the fees, for the previous year. deleted text end For the purposes
of this section, "waste management fees" means:

(1) all fees, charges, and surcharges collected under
sections 115A.919, 115A.921, and 115A.923;

(2) all tipping fees collected at waste management
facilities owned or operated by the political subdivision;

(3) all charges imposed by the political subdivision for
waste collection and management services; and

(4) any other fees, charges, or surcharges imposed on waste
or for the purpose of waste management, whether collected
directly from generators or indirectly through property taxes or
as part of utility or other charges for services provided by the
political subdivision.

Sec. 43.

Minnesota Statutes 2004, section 115B.49, is
amended by adding a subdivision to read:

new text begin Subd. 4b. new text end

new text begin Fee adjustment. new text end

new text begin Notwithstanding section
16A.1285, each fiscal year the commissioner shall adjust the
fees in subdivision 4 as necessary to maintain an annual income
to the account of $650,000.
new text end

Sec. 44.

Minnesota Statutes 2004, section 169A.63,
subdivision 6, is amended to read:

Subd. 6.

Vehicle subject to forfeiture.

new text begin (a) new text end A motor
vehicle is subject to forfeiture under this section if it was
used in the commission of a designated offense or was used in
conduct resulting in a designated license revocation.

new text begin (b) Motorboats subject to seizure and forfeiture under this
section also include their trailers.
new text end

Sec. 45.

Minnesota Statutes 2004, section 282.08, is
amended to read:

282.08 APPORTIONMENT OF PROCEEDS TO TAXING DISTRICTS.

The net proceeds from the sale or rental of any parcel of
forfeited land, or from the sale of products from the forfeited
land, must be apportioned by the county auditor to the taxing
districts interested in the land, as follows:

(1) the amounts necessary to pay the state general tax levy
against the parcel for taxes payable in the year for which the
tax judgment was entered, and for each subsequent payable year
up to and including the year of forfeiture, must be apportioned
to the state;

(2) the portion required to pay any amounts included in the
appraised value under section 282.01, subdivision 3, as
representing increased value due to any public improvement made
after forfeiture of the parcel to the state, but not exceeding
the amount certified by the clerk of the municipality must be
apportioned to the municipal subdivision entitled to it;

(3) the portion required to pay any amount included in the
appraised value under section 282.019, subdivision 5,
representing increased value due to response actions taken after
forfeiture of the parcel to the state, but not exceeding the
amount of expenses certified by the Pollution Control Agency or
the commissioner of agriculture, must be apportioned to the
agency or the commissioner of agriculture and deposited in the
fund from which the expenses were paid;

(4) the portion of the remainder required to discharge any
special assessment chargeable against the parcel for drainage or
other purpose whether due or deferred at the time of forfeiture,
must be apportioned to the municipal subdivision entitled to it;
and

(5) any balance must be apportioned as follows:

(i) The county board may annually by resolution set aside
no more than 30 percent of the receipts remaining to be used for
deleted text begin timber deleted text end new text begin forest new text end development on tax-forfeited land and dedicated
memorial forests, to be expended under the supervision of the
county board. It must be expended only on projects deleted text begin approved by
the commissioner of natural resources deleted text end new text begin improving the health and
management of the forest resource new text end .

(ii) The county board may annually by resolution set aside
no more than 20 percent of the receipts remaining to be used for
the acquisition and maintenance of county parks or recreational
areas as defined in sections 398.31 to 398.36, to be expended
under the supervision of the county board.

(iii) Any balance remaining must be apportioned as
follows: county, 40 percent; town or city, 20 percent; and
school district, 40 percent, provided, however, that in
unorganized territory that portion which would have accrued to
the township must be administered by the county board of
commissioners.

Sec. 46.

Minnesota Statutes 2004, section 282.38,
subdivision 1, is amended to read:

Subdivision 1.

Development.

In any county where the
county board by proper resolution sets aside funds for deleted text begin timber
deleted text end new text begin forest new text end development pursuant to section 282.08,
clause deleted text begin (3)(a) deleted text end new text begin (5), item (i) new text end , or section 459.06, subdivision 2,
the deleted text begin Commission deleted text end new text begin commissioner new text end of Iron Range resources new text begin and
rehabilitation new text end may upon request of the county board assist said
county in carrying out any project for the long range
development of its deleted text begin timber deleted text end new text begin forest new text end resources through matching of
funds or otherwise deleted text begin , provided that any such project shall first
be approved by the commissioner of natural resources deleted text end .

Sec. 47.

Minnesota Statutes 2004, section 296A.18,
subdivision 2, is amended to read:

Subd. 2.

Motorboat.

Approximately 1-1/2 percent of all
gasoline received in this state and 1-1/2 percent of all
gasoline produced or brought into this state, except gasoline
used for aviation purposes, is being used as fuel for the
operation of motorboats on the waters of this state and of the
total revenue derived from the imposition of the gasoline fuel
tax for uses other than for aviation purposes, 1-1/2 percent of
such revenues is the amount of tax on fuel used in motorboats
operated on the waters of this state. The amount of unrefunded
tax paid on gasoline used for motor boat purposes as computed in
this chapter shall be paid into the state treasury and credited
to a water recreation account in the special revenue fund for
acquisition, development, maintenance, and rehabilitation of
sites for public access and boating facilities on public waters;
lake and river improvement; deleted text begin state park development; deleted text end and boat and
water safety.

Sec. 48.

Minnesota Statutes 2004, section 349.12,
subdivision 25, is amended to read:

Subd. 25.

Lawful purpose.

(a) "Lawful purpose" means one
or more of the following:

(1) any expenditure by or contribution to a 501(c)(3) or
festival organization, as defined in subdivision 15a, provided
that the organization and expenditure or contribution are in
conformity with standards prescribed by the board under section
349.154, which standards must apply to both types of
organizations in the same manner and to the same extent;

(2) a contribution to an individual or family suffering
from poverty, homelessness, or physical or mental disability,
which is used to relieve the effects of that poverty,
homelessness, or disability;

(3) a contribution to an individual for treatment for
delayed posttraumatic stress syndrome or a contribution to a
program recognized by the Minnesota Department of Human Services
for the education, prevention, or treatment of compulsive
gambling;

(4) a contribution to or expenditure on a public or private
nonprofit educational institution registered with or accredited
by this state or any other state;

(5) a contribution to a scholarship fund for defraying the
cost of education to individuals where the funds are awarded
through an open and fair selection process;

(6) activities by an organization or a government entity
which recognize humanitarian or military service to the United
States, the state of Minnesota, or a community, subject to rules
of the board, provided that the rules must not include mileage
reimbursements in the computation of the per diem reimbursement
limit and must impose no aggregate annual limit on the amount of
reasonable and necessary expenditures made to support:

(i) members of a military marching or color guard unit for
activities conducted within the state;

(ii) members of an organization solely for services
performed by the members at funeral services; or

(iii) members of military marching, color guard, or honor
guard units may be reimbursed for participating in color guard,
honor guard, or marching unit events within the state or states
contiguous to Minnesota at a per participant rate of up to $35
per diem;

(7) recreational, community, and athletic facilities and
activities intended primarily for persons under age 21, provided
that such facilities and activities do not discriminate on the
basis of gender and the organization complies with section
349.154;

(8) payment of local taxes authorized under this chapter,
taxes imposed by the United States on receipts from lawful
gambling, the taxes imposed by section 297E.02, subdivisions 1,
4, 5, and 6, and the tax imposed on unrelated business income by
section 290.05, subdivision 3;

(9) payment of real estate taxes and assessments on
permitted gambling premises wholly owned by the licensed
organization paying the taxes, or wholly leased by a licensed
veterans organization under a national charter recognized under
section 501(c)(19) of the Internal Revenue Code, not to exceed:

(i) for premises used for bingo, the amount that an
organization may expend under board rules on rent for bingo; and

(ii) $35,000 per year for premises used for other forms of
lawful gambling;

(10) a contribution to the United States, this state or any
of its political subdivisions, or any agency or instrumentality
thereof other than a direct contribution to a law enforcement or
prosecutorial agency;

(11) a contribution to or expenditure by a nonprofit
organization which is a church or body of communicants gathered
in common membership for mutual support and edification in
piety, worship, or religious observances;

(12) payment of the reasonable costs of an audit required
in section 297E.06, subdivision 4, provided the annual audit is
filed in a timely manner with the Department of Revenue;

(13) a contribution to or expenditure on deleted text begin a wildlife
management project that benefits the public at-large, provided
that the state agency with authority over that wildlife
management project approves the project before the contribution
or expenditure is made;
deleted text end

deleted text begin (14) expenditures, approved by the commissioner of natural
resources, by an organization for grooming and maintaining
snowmobile trails and all-terrain vehicle trails that are (1)
grant-in-aid trails established under section 85.019, or (2)
other trails open to public use, including purchase or lease of
equipment for this purpose; deleted text end new text begin projects or activities approved by
the commissioner of natural resources for:
new text end

new text begin (i) wildlife management projects that benefit the public at
large;
new text end

new text begin (ii) grant-in-aid trail maintenance and grooming
established under sections 84.83 and 84.927 and other trails
open to public use, including purchase or lease of equipment for
this purpose; or
new text end

new text begin (iii) supplies and materials for safety training and
educational programs coordinated by the Department of Natural
Resources, including the Enforcement Division;
new text end

deleted text begin (15) deleted text end new text begin (14) new text end conducting nutritional programs, food shelves,
and congregate dining programs primarily for persons who are age
62 or older or disabled;

deleted text begin (16) deleted text end new text begin (15) new text end a contribution to a community arts organization,
or an expenditure to sponsor arts programs in the community,
including but not limited to visual, literary, performing, or
musical arts;

deleted text begin (17) deleted text end new text begin (16) new text end an expenditure by a licensed veterans
organization for payment of water, fuel for heating,
electricity, and sewer costs for a building wholly owned or
wholly leased by and used as the primary headquarters of the
licensed veterans organization;

deleted text begin (18) deleted text end new text begin (17) new text end expenditure by a licensed veterans organization
of up to $5,000 in a calendar year in net costs to the
organization for meals and other membership events, limited to
members and spouses, held in recognition of military service.
No more than $5,000 can be expended in total per calendar year
under this clause by all licensed veterans organizations sharing
the same veterans post home; or

deleted text begin (19) deleted text end new text begin (18) new text end payment of fees authorized under this chapter
imposed by the state of Minnesota to conduct lawful gambling in
Minnesota.

(b) Notwithstanding paragraph (a), "lawful purpose" does
not include:

(1) any expenditure made or incurred for the purpose of
influencing the nomination or election of a candidate for public
office or for the purpose of promoting or defeating a ballot
question;

(2) any activity intended to influence an election or a
governmental decision-making process;

(3) the erection, acquisition, improvement, expansion,
repair, or maintenance of real property or capital assets owned
or leased by an organization, unless the board has first
specifically authorized the expenditures after finding that (i)
the real property or capital assets will be used exclusively for
one or more of the purposes in paragraph (a); (ii) with respect
to expenditures for repair or maintenance only, that the
property is or will be used extensively as a meeting place or
event location by other nonprofit organizations or community or
service groups and that no rental fee is charged for the use;
(iii) with respect to expenditures, including a mortgage payment
or other debt service payment, for erection or acquisition only,
that the erection or acquisition is necessary to replace with a
comparable building, a building owned by the organization and
destroyed or made uninhabitable by fire or natural disaster,
provided that the expenditure may be only for that part of the
replacement cost not reimbursed by insurance; (iv) with respect
to expenditures, including a mortgage payment or other debt
service payment, for erection or acquisition only, that the
erection or acquisition is necessary to replace with a
comparable building a building owned by the organization that
was acquired from the organization by eminent domain or sold by
the organization to a purchaser that the organization reasonably
believed would otherwise have acquired the building by eminent
domain, provided that the expenditure may be only for that part
of the replacement cost that exceeds the compensation received
by the organization for the building being replaced; or (v) with
respect to an expenditure to bring an existing building into
compliance with the Americans with Disabilities Act under item
(ii), an organization has the option to apply the amount of the
board-approved expenditure to the erection or acquisition of a
replacement building that is in compliance with the Americans
with Disabilities Act;

(4) an expenditure by an organization which is a
contribution to a parent organization, foundation, or affiliate
of the contributing organization, if the parent organization,
foundation, or affiliate has provided to the contributing
organization within one year of the contribution any money,
grants, property, or other thing of value;

(5) a contribution by a licensed organization to another
licensed organization unless the board has specifically
authorized the contribution. The board must authorize such a
contribution when requested to do so by the contributing
organization unless it makes an affirmative finding that the
contribution will not be used by the recipient organization for
one or more of the purposes in paragraph (a); or

(6) a contribution to a statutory or home rule charter
city, county, or town by a licensed organization with the
knowledge that the governmental unit intends to use the
contribution for a pension or retirement fund.

Sec. 49.

Minnesota Statutes 2004, section 462.357,
subdivision 1e, is amended to read:

Subd. 1e.

Nonconformities.

new text begin (a) new text end Any nonconformity,
including the lawful use or occupation of land or premises
existing at the time of the adoption of an additional control
under this chapter, may be continued, including through repair,
replacement, restoration, maintenance, or improvement, but not
including expansion, unless:

(1) the nonconformity or occupancy is discontinued for a
period of more than one year; or

(2) any nonconforming use is destroyed by fire or other
peril to the extent of greater than 50 percent of its market
value, and no building permit has been applied for within 180
days of when the property is damaged. In this case, a
municipality may impose reasonable conditions upon a building
permit in order to mitigate any newly created impact on adjacent
property.

new text begin (b) new text end Any subsequent use or occupancy of the land or premises
shall be a conforming use or occupancy. A municipality may, by
ordinance, permit an expansion or impose upon nonconformities
reasonable regulations to prevent and abate nuisances and to
protect the public health, welfare, or safety. This subdivision
does not prohibit a municipality from enforcing an ordinance
that applies to adults-only bookstores, adults-only theaters, or
similar adults-only businesses, as defined by ordinance.

new text begin (c) Notwithstanding paragraph (a), a municipality shall
regulate the repair, replacement, maintenance, improvement, or
expansion of nonconforming uses and structures in floodplain
areas to the extent necessary to maintain eligibility in the
National Flood Insurance Program and not increase flood damage
potential or increase the degree of obstruction to flood flows
in the floodway.
new text end

Sec. 50.

new text begin [473.1565] METROPOLITAN AREA WATER SUPPLY
PLANNING ACTIVITIES; ADVISORY COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Planning activities. new text end

new text begin (a) The Metropolitan
Council must carry out planning activities addressing the water
supply needs of the metropolitan area as defined in section
473.121, subdivision 2. The planning activities must include,
at a minimum:
new text end

new text begin (1) development and maintenance of a base of technical
information needed for sound water supply decisions including
surface and groundwater availability analyses, water demand
projections, water withdrawal and use impact analyses, modeling,
and similar studies;
new text end

new text begin (2) development and periodic update of a metropolitan area
master water supply plan that:
new text end

new text begin (i) provides guidance for local water supply systems and
future regional investments;
new text end

new text begin (ii) emphasizes conservation, interjurisdictional
cooperation, and long-term sustainability; and
new text end

new text begin (iii) addresses the reliability, security, and
cost-effectiveness of the metropolitan area water supply system
and its local and subregional components;
new text end

new text begin (3) recommendations for clarifying the appropriate roles
and responsibilities of local, regional, and state government in
metropolitan area water supply;
new text end

new text begin (4) recommendations for streamlining and consolidating
metropolitan area water supply decision-making and approval
processes; and
new text end

new text begin (5) recommendations for the ongoing and long-term funding
of metropolitan area water supply planning activities and
capital investments.
new text end

new text begin (b) The council must carry out the planning activities in
this subdivision in consultation with the Metropolitan Area
Water Supply Advisory Committee established in subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Advisory committee. new text end

new text begin (a) A Metropolitan Area
Water Supply Advisory Committee is established to assist the
council in its planning activities in subdivision 1. The
advisory committee has the following membership:
new text end

new text begin (1) the commissioner of agriculture or the commissioner's
designee;
new text end

new text begin (2) the commissioner of health or the commissioner's
designee;
new text end

new text begin (3) the commissioner of natural resources or the
commissioner's designee;
new text end

new text begin (4) the commissioner of the Pollution Control Agency or the
commissioner's designee;
new text end

new text begin (5) two officials of counties that are located in the
metropolitan area, appointed by the governor;
new text end

new text begin (6) five officials of noncounty local governmental units
that are located in the metropolitan area, appointed by the
governor; and
new text end

new text begin (7) the chair of the Metropolitan Council or the chair's
designee, who is chair of the advisory committee.
new text end

new text begin A local government unit in each of the seven counties in
the metropolitan area must be represented in the seven
appointments made under clauses (5) and (6).
new text end

new text begin (b) Members of the advisory committee appointed by the
governor serve at the pleasure of the governor. Members of the
advisory committee serve without compensation but may be
reimbursed for their reasonable expenses as determined by the
Metropolitan Council. The advisory committee expires December
31, 2007.
new text end

new text begin (c) The council must consider the work and recommendations
of the advisory committee when the council is preparing its
regional development framework.
new text end

new text begin Subd. 3. new text end

new text begin Reports to legislature. new text end

new text begin The council must submit
reports to the legislature regarding its findings,
recommendations, and continuing planning activities under
subdivision 1. The first report must be submitted to the
legislature by the date the legislature convenes in 2007 and
subsequent reports must be submitted by such date every five
years thereafter.
new text end

Sec. 51.

Minnesota Statutes 2004, section 473.197,
subdivision 4, is amended to read:

Subd. 4.

Debt reserve; levy.

To provide money to pay
debt service on bonds issued under the credit enhancement
program deleted text begin if pledged revenues are insufficient to pay debt service
deleted text end new text begin in repealed subdivision 1 of Minnesota Statutes 2004, section
473.197 new text end , the council must maintain a debt reserve fund deleted text begin in the
manner and with the effect provided by section 118A.04 for
public funds deleted text end new text begin until such a reserve is no longer pledged or
otherwise needed to pay debt service on such bonds new text end . deleted text begin To provide
funds for the debt reserve fund, the council may use up to
$3,000,000 of the proceeds of solid waste bonds issued by the
council under section 473.831 before its repeal. To provide
additional funds for the debt reserve fund, the council may levy
a tax on all taxable property in the metropolitan area and must
levy the tax deleted text end If sums in the debt reserve fund are insufficient
to cure any deficiency in the debt service fund established for
the bonds new text begin , the council must levy a tax on all taxable property
in the metropolitan area in the amount needed to cure the
deficiency new text end . The tax authorized by this section does not affect
the amount or rate of taxes that may be levied by the council
for other purposes and is not subject to limit as to rate or
amount.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 52. new text begin CONTINUATION OF AGREEMENTS.
new text end

new text begin An agreement entered into between the Metropolitan Council
and a participant in the credit enhancement program under
Minnesota Statutes 2004, section 473.197, subdivision 5, with
respect to bonds issued prior to the effective date of this
section, shall continue in effect in accordance with its terms;
provided that no provision in such agreement shall be construed
to require or allow the council to pledge its full faith and
credit and taxing powers to the payment of additional bonds
issued after the effective date of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 53. new text begin USE OF CREDIT ENHANCEMENT PROGRAM FUNDS.
new text end

new text begin The Metropolitan Council must transfer any funds
originating from the proceeds of solid waste bonds and available
for the credit enhancement program under Minnesota Statutes
2004, section 473.197, subdivision 4, to the council's general
fund to the extent such funds are no longer pledged or otherwise
needed by the council to maintain a debt reserve fund as
provided for in ongoing Minnesota Statutes, section 473.197,
subdivision 4. The council must first use the transferred funds
for carrying out the metropolitan area water supply planning
activities required by Minnesota Statutes, section 473.1565, for
staff support of the advisory committee established under that
section, and for related purposes. If the council determines
that the transferred funds are no longer needed for such
purposes, the council may use any such funds for any general
purposes of the council.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 54. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2004, section 84.033, subdivision 2,
is repealed.
new text end

new text begin (b) Minnesota Statutes 2004, section 85.054, subdivision 1,
is repealed.
new text end

new text begin (c) Minnesota Statutes 2004, sections 94.343, subdivision
6; 94.344, subdivision 6; 94.348; and 94.349, are repealed.
new text end

new text begin (d) Minnesota Statutes 2004, sections 473.156 and 473.197,
subdivisions 1, 2, 3, and 5, are repealed effective the day
following final enactment. This paragraph applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end