1.1 	A bill for an act
1.2 	relating to state government; appropriating money for
1.3 	environmental, natural resources, agricultural, and
1.4 	economic development purposes; establishing and
1.5 	modifying certain programs; reorganizing environmental
1.6 	agencies; providing for regulation of certain
1.7 	activities and practices; providing for accounts,
1.8 	assessments, and fees; amending Minnesota Statutes
1.9 	2004, sections 15.01; 16A.125, subdivision 5; 17.03,
1.10 	subdivision 13; 17.117, by adding a subdivision;
1.11 	18B.08, subdivision 4; 18B.26, subdivision 3; 18B.31,
1.12 	subdivision 5; 18B.315, subdivision 6; 18B.32,
1.13 	subdivision 6; 18B.33, subdivision 7; 18B.34,
1.14 	subdivision 5; 18C.141, subdivisions 1, 3, 5; 18C.425,
1.15 	subdivision 6; 18E.03, subdivision 2; 18G.10,
1.16 	subdivisions 5, 7; 18H.07, subdivisions 1, 2, 3;
1.17 	19.64, subdivision 1; 25.341, subdivision 2; 25.39,
1.18 	subdivisions 1, 4; 60A.14, subdivision 1; 60K.55,
1.19 	subdivision 2; 72B.04, subdivision 10; 82B.09,
1.20 	subdivision 1; 84.631; 85.052, subdivision 4; 85.055,
1.21 	subdivision 2, by adding a subdivision; 85.42; 89.039,
1.22 	subdivision 1; 89.37, by adding a subdivision; 93.22,
1.23 	subdivision 1; 97A.071, subdivision 2; 97A.075;
1.24 	103G.271, subdivision 6; 103G.301, subdivision 2;
1.25 	103I.681, subdivision 11; 115A.06, subdivision 5;
1.26 	115A.07, subdivision 1; 115A.15, subdivision 7;
1.27 	115A.38, subdivision 1; 116.03, subdivision 1; 116.07,
1.28 	subdivision 4b; 116C.779, subdivision 2; 116J.551,
1.29 	subdivision 1; 116J.63, subdivision 2; 116J.8731,
1.30 	subdivision 5; 168.1296, subdivision 1; 183.41, by
1.31 	adding a subdivision; 183.411, subdivisions 2a, 3;
1.32 	183.42; 183.44, subdivision 1; 183.51, subdivision 2,
1.33 	by adding a subdivision; 183.545; 183.57; 216C.41,
1.34 	subdivisions 2, 5, 5a; 223.17, subdivision 3; 231.16;
1.35 	232.22, subdivision 3; 236.02, subdivision 4; 282.09,
1.36 	by adding a subdivision; 297H.13, subdivision 2;
1.37 	326.975, subdivision 1; 345.47, subdivisions 3, 3a;
1.38 	373.40, subdivisions 1, 3; 462A.05, subdivision 3a;
1.39 	462A.33, subdivision 2; 473.846; 517.08, subdivisions
1.40 	1b, 1c; proposing coding for new law in Minnesota
1.41 	Statutes, chapters 25; 45; 84; 92; 93; 116; 477A;
1.42 	repealing Minnesota Statutes 2004, sections 18B.065,
1.43 	subdivision 5; 19.64, subdivision 4a; 45.0295; 84.901;
1.44 	115A.03, subdivisions 8a, 22a; 115A.055, subdivision
1.45 	1; 115A.158, subdivision 3; 115D.03, subdivision 4;
1.46 	116.02, subdivision 5; 116.04; 116J.58, subdivision 3;
2.1 	462C.15; 473.801, subdivision 6.
2.2 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.3 	ARTICLE 1
2.4 	AGRICULTURE AND RURAL DEVELOPMENT APPROPRIATIONS

2.5 	Section 1. AGRICULTURE AND RURAL DEVELOPMENT APPROPRIATIONS.
 2.6 	The sums shown in the columns marked "APPROPRIATIONS" are
2.7 	appropriated from the general fund, or another named fund, to
2.8 	the agencies and for the purposes specified in this article, to
2.9 	be available for the fiscal years indicated for each purpose.
2.10 	The figures "2006" and "2007," where used in this article, mean
2.11 	that the appropriation or appropriations listed under them are
2.12 	available for the fiscal year ending June 30, 2006, or June 30,
2.13 	2007, respectively.  The term "the first year" means the year
2.14 	ending June 30, 2006, and the term "the second year" means the
2.15 	year ending June 30, 2007.
2.16 	SUMMARY BY FUND
2.17 	2006          2007           TOTAL
2.18 	General            $   43,914,000 $   41,558,000 $   85,472,000
2.19 	Remediation               388,000        388,000        776,000
2.20 	TOTAL              $   44,302,000 $   41,946,000 $   86,248,000
2.21 	APPROPRIATIONS
2.22 	                                       Available for the Year
2.23 	                                           Ending June 30
2.24 	                                          2006         2007

2.25 	Sec. 2. DEPARTMENT OF AGRICULTURE
 2.26 		Subdivision 1.Total
2.27 	Appropriation                         39,743,000     37,385,000
2.28 	Summary by Fund
2.29 	General              39,355,000    36,997,000
2.30 	Remediation             388,000       388,000
2.31 	The amounts that may be spent from this
2.32 	appropriation for each program are
2.33 	specified in the following subdivisions.
2.34 		Subd. 2.Protection Services
2.35 	10,361,000     10,361,000
2.36 	Summary by Fund
2.37 	General               9,973,000     9,973,000
2.38 	Remediation             388,000       388,000
2.39 	$388,000 the first year and $388,000
3.1 	the second year are from the
3.2 	remediation fund for administrative
3.3 	funding for the voluntary cleanup
3.4 	program.
3.5 	The balance in the waste pesticide
3.6 	account in the agricultural fund is
3.7 	canceled to the pesticide regulatory
3.8 	account in the agricultural fund and
3.9 	the waste pesticide account is
3.10 	abolished.
3.11 		Subd. 3.Agricultural Marketing
3.12 	and Development                        4,097,000      4,097,000
3.13 	$71,000 the first year and $71,000 the
3.14 	second year are for transfer to the
3.15 	Minnesota grown matching account and
3.16 	may be used as grants for Minnesota
3.17 	grown promotion under Minnesota
3.18 	Statutes, section 17.109.  Grants may
3.19 	be made for one year.  Notwithstanding
3.20 	Minnesota Statutes, section 16A.28, the
3.21 	appropriations encumbered under
3.22 	contract on or before June 30, 2007,
3.23 	for Minnesota grown grants in this
3.24 	subdivision are available until June
3.25 	30, 2009.
3.26 	$80,000 the first year and $80,000 the
3.27 	second year are for grants to farmers
3.28 	for demonstration projects involving
3.29 	sustainable agriculture as authorized
3.30 	in Minnesota Statutes, section 17.116.
3.31 	Of the amount for grants, up to $20,000
3.32 	may be used for dissemination of
3.33 	information about the demonstration
3.34 	projects.  Notwithstanding Minnesota
3.35 	Statutes, section 16A.28, the
3.36 	appropriations encumbered under
3.37 	contract on or before June 30, 2007,
3.38 	for sustainable agriculture grants in
3.39 	this subdivision are available until
3.40 	June 30, 2009.
3.41 	The commissioner may reduce
3.42 	appropriations for the administration
3.43 	of activities in this subdivision by up
3.44 	to $135,000 each year and transfer the
3.45 	amounts reduced to activities under
3.46 	subdivision 5.
3.47 		Subd. 4.Value-Added Agricultural Products
3.48 	18,745,000     15,268,000
3.49 	$18,745,000 the first year and
3.50 	$15,268,000 the second year are for
3.51 	ethanol producer payments under
3.52 	Minnesota Statutes, section 41A.09.
3.53 	Payments for eligible ethanol
3.54 	production in fiscal years 2006 and
3.55 	2007 shall be disbursed at the rate of
3.56 	$0.13 per gallon, and the base
3.57 	appropriation amounts for scheduled
3.58 	payments in fiscal years 2008 and 2009
3.59 	must be calculated as the projected
3.60 	eligible production in those years
3.61 	times a payment rate of $0.13 per
3.62 	gallon.  If the total amount for which
3.63 	all producers are eligible in a quarter
4.1 	exceeds the amount available for
4.2 	payments, the commissioner shall make
4.3 	payments on a pro rata basis.  If the
4.4 	appropriation exceeds the total amount
4.5 	for which all producers are eligible in
4.6 	a fiscal year for scheduled payments
4.7 	and for deficiencies in payments during
4.8 	previous fiscal years, the balance in
4.9 	the appropriation is available to the
4.10 	commissioner for value-added
4.11 	agricultural programs including the
4.12 	value-added agricultural product
4.13 	processing and marketing grant program
4.14 	under Minnesota Statutes, section
4.15 	17.101, subdivision 5.  The
4.16 	appropriation remains available until
4.17 	spent.
4.18 		Subd. 5.Administration and Financial Assistance
4.19 	6,540,000      7,659,000
4.20 	$1,005,000 the first year and
4.21 	$1,005,000 the second year are for
4.22 	continuation of the dairy development
4.23 	and profitability enhancement and dairy
4.24 	business planning grant programs
4.25 	established under Laws 1997, chapter
4.26 	216, section 7, subdivision 2, and Laws
4.27 	2001, First Special Session chapter 2,
4.28 	section 9, subdivision 2.  The
4.29 	commissioner may allocate the available
4.30 	sums among permissible activities,
4.31 	including efforts to improve the
4.32 	quality of milk produced in the state
4.33 	in the proportions that the
4.34 	commissioner deems most beneficial to
4.35 	Minnesota's dairy farmers.  The
4.36 	commissioner must submit a work plan
4.37 	detailing plans for expenditures under
4.38 	this program to the chairs of the house
4.39 	and senate committees dealing with
4.40 	agricultural policy and budget on or
4.41 	before the start of each fiscal year.
4.42 	If significant changes are made to the
4.43 	plans in the course of the year, the
4.44 	commissioner must notify the chairs.
4.45 	$50,000 the first year and $50,000 the
4.46 	second year are for the Northern Crops
4.47 	Institute.  These appropriations may be
4.48 	spent to purchase equipment.
4.49 	$19,000 the first year and $19,000 the
4.50 	second year are for a grant to the
4.51 	Minnesota Livestock Breeders
4.52 	Association.
4.53 	$1,000 the first year and $1,000 the
4.54 	second year are for family farm
4.55 	security interest payment adjustments.
4.56 	If the appropriation for either year is
4.57 	insufficient, the appropriation for the
4.58 	other year is available for it.  No new
4.59 	loans may be approved in fiscal year
4.60 	2006 or 2007.
4.61 	Aid payments to county and district
4.62 	agricultural societies and associations
4.63 	under Minnesota Statutes, section
4.64 	38.02, subdivision 1, must be disbursed
5.1 	not later than July 15 for annual fairs
5.2 	held in the previous calendar year.

5.3 	Sec. 3. BOARD OF ANIMAL
5.4 	HEALTH                                 2,959,000      2,961,000

5.5 	Sec. 4. AGRICULTURAL UTILIZATION
5.6 	RESEARCH INSTITUTE                     1,600,000      1,600,000

5.7 	Sec. 5. Minnesota Statutes 2004, section 17.03,
5.8 	subdivision 13, is amended to read:
5.9 		Subd. 13.Semiannual reports.  (a) ~~By October 15 and~~
5.10 	~~April 15 of each year,~~The commissioner shall submit to the
5.11 	legislative committees having jurisdiction over appropriations
5.12 	from the agricultural fund in section 16A.531~~a report~~ reports 
5.13 	on the amount of revenue raised in each fee account within the
5.14 	fund, the expenditures from each account, and the purposes for
5.15 	which the expenditures were made. The reports must be issued in
5.16 	February and November each year, to coincide with the forecasts
5.17 	of revenue and expenditures prepared under section 16A.103.
5.18 	(b) The report delivered ~~on October 15~~ in February of each
5.19 	year must include the commissioner's recommendations, if any,
5.20 	for changes in statutes relating to the fee accounts of the
5.21 	agricultural fund.

5.22 	Sec. 6. Minnesota Statutes 2004, section 17.117, is
5.23 	amended by adding a subdivision to read:
5.24 		Subd. 5b.Application fee. The commissioner may impose a
5.25 	nonrefundable application fee of $50 for each loan issued under
5.26 	the program.  The fees must be credited to the agricultural best
5.27 	management practices administration account, which is hereby
5.28 	established in the agricultural fund.  Interest earned in the
5.29 	account accrues to the account.  Money in the account and
5.30 	interest earned in the accounts established in the agricultural
5.31 	fund under subdivision 5a are appropriated to the commissioner
5.32 	for administrative expenses of the program.

5.33 	Sec. 7. Minnesota Statutes 2004, section 18B.08,
5.34 	subdivision 4, is amended to read:
5.35 		Subd. 4.Application fee.  A person ~~initially~~ applying
5.36 	for a chemigation permit must pay a nonrefundable application
5.37 	fee of ~~$50~~ $250.  A person who holds a fertilizer chemigation
6.1 	permit under section 18C.205, is exempt from the fee in this
6.2 	subdivision.

6.3 	Sec. 8. Minnesota Statutes 2004, section 18B.26,
6.4 	subdivision 3, is amended to read:
6.5 		Subd. 3.Application fee.  (a) A registrant shall pay an
6.6 	annual application fee for each pesticide to be registered, and
6.7 	this fee is set at one-tenth of one percent for calendar year
6.8 	1990, at one-fifth of one percent for calendar year 1991, and at
6.9 	two-fifths of one percent for calendar year 1992 and thereafter
6.10 	of annual gross sales within the state and annual gross sales of
6.11 	pesticides used in the state, with a minimum nonrefundable fee
6.12 	of $250.  The registrant shall determine when and which
6.13 	pesticides are sold or used in this state.  The registrant shall
6.14 	secure sufficient sales information of pesticides distributed
6.15 	into this state from distributors and dealers, regardless of
6.16 	distributor location, to make a determination.  Sales of
6.17 	pesticides in this state and sales of pesticides for use in this
6.18 	state by out-of-state distributors are not exempt and must be
6.19 	included in the registrant's annual report, as required under
6.20 	paragraph (c), and fees shall be paid by the registrant based
6.21 	upon those reported sales.  Sales of pesticides in the state for
6.22 	use outside of the state are exempt from the application fee in
6.23 	this paragraph if the registrant properly documents the sale
6.24 	location and distributors.  A registrant paying more than the
6.25 	minimum fee shall pay the balance due by March 1 based on the
6.26 	gross sales of the pesticide by the registrant for the preceding
6.27 	calendar year.  The fee for disinfectants and sanitizers shall
6.28 	be the minimum.  The minimum fee is due by December 31 preceding
6.29 	the year for which the application for registration is made.
6.30 	The commissioner shall spend at least $300,000 per fiscal year
6.31 	from the pesticide regulatory account for the purposes of the
6.32 	waste pesticide collection program.
6.33 	(b) An additional fee of $100 must be paid by the applicant
6.34 	for each pesticide to be registered if the application is a
6.35 	renewal application that is submitted after December 31.
6.36 	(c) A registrant must annually report to the commissioner
7.1 	the amount and type of each registered pesticide sold, offered
7.2 	for sale, or otherwise distributed in the state.  The report
7.3 	shall be filed by March 1 for the previous year's registration.
7.4 	The commissioner shall specify the form of the report and
7.5 	require additional information deemed necessary to determine the
7.6 	amount and type of pesticides annually distributed in the
7.7 	state.  The information required shall include the brand name,
7.8 	amount, and formulation of each pesticide sold, offered for
7.9 	sale, or otherwise distributed in the state, but the information
7.10 	collected, if made public, shall be reported in a manner which
7.11 	does not identify a specific brand name in the report.
7.12 	(d) A registrant who is required to pay more than the
7.13 	minimum fee for any pesticide under paragraph (a) must pay a
7.14 	late fee penalty of $100 for each pesticide application fee paid
7.15 	after March 1 in the year for which the license is to be issued.

7.16 	Sec. 9. Minnesota Statutes 2004, section 18B.31,
7.17 	subdivision 5, is amended to read:
7.18 		Subd. 5.Application fee.  (a) An application for a
7.19 	pesticide dealer license must be accompanied by a nonrefundable
7.20 	application fee of ~~$50~~ $150.
7.21 	(b) If an application for renewal of a pesticide dealer
7.22 	license is not filed before January 1 of the year for which the
7.23 	license is to be issued, an additional fee of $20 must be paid
7.24 	by the applicant before the license is issued.

7.25 	Sec. 10. Minnesota Statutes 2004, section 18B.315,
7.26 	subdivision 6, is amended to read:
7.27 		Subd. 6.Fees.  (a) An applicant for an aquatic pest
7.28 	control license for a business must pay a nonrefundable
7.29 	application fee of ~~$100~~ $200.  An employee of a licensed
7.30 	business must pay a nonrefundable application fee of $50 for an
7.31 	individual aquatic pest control license.
7.32 	(b) An application received after expiration of the aquatic
7.33 	pest control license is subject to a penalty of 50 percent of
7.34 	the application fee.
7.35 	(c) An applicant that meets renewal requirements by
7.36 	reexamination instead of attending workshops must pay the
8.1 	equivalent workshop fee for the reexamination as determined by
8.2 	the commissioner.

8.3 	Sec. 11. Minnesota Statutes 2004, section 18B.32,
8.4 	subdivision 6, is amended to read:
8.5 		Subd. 6.Fees.  (a) An applicant for a structural pest
8.6 	control license for a business must pay a nonrefundable
8.7 	application fee of ~~$100~~ $200.  An employee of a licensed
8.8 	business must pay a nonrefundable application fee of $50 for an
8.9 	individual structural pest control license.
8.10 	(b) An application received after expiration of the
8.11 	structural pest control license is subject to a penalty fee of
8.12 	50 percent of the application fee.
8.13 	(c) An applicant that meets renewal requirements by
8.14 	reexamination instead of attending workshops must pay the
8.15 	equivalent workshop fee for the reexamination as determined by
8.16 	the commissioner.

8.17 	Sec. 12. Minnesota Statutes 2004, section 18B.33,
8.18 	subdivision 7, is amended to read:
8.19 		Subd. 7.Application fees.  (a) A person initially
8.20 	applying for or renewing a commercial applicator license must
8.21 	pay a nonrefundable application fee of $50.
8.22 	(b) ~~If~~ A license renewal application ~~is not filed~~
8.23 	~~before~~ received after March 1 ~~of~~ in the year for which the
8.24 	license is to be issued~~, an additional~~ is subject to a penalty
8.25 	fee of ~~$10 must be paid before the commercial applicator~~ 50
8.26 	percent of the application fee.  The penalty fee must be paid
8.27 	before the renewal license may be issued.
8.28 	(c) An application for a duplicate commercial applicator
8.29 	license must be accompanied by a nonrefundable application fee
8.30 	of $10.

8.31 	Sec. 13. Minnesota Statutes 2004, section 18B.34,
8.32 	subdivision 5, is amended to read:
8.33 		Subd. 5.Fees.  (a) A person initially applying for or
8.34 	renewing a noncommercial applicator license must pay a
8.35 	nonrefundable application fee of $50, except an applicant who is
8.36 	a government employee who uses pesticides in the course of
9.1 	performing official duties must pay a nonrefundable application
9.2 	fee of $10.
9.3 	(b) ~~If an~~ A license renewal application ~~for renewal of a~~
9.4 	~~noncommercial license is not filed before~~ received after March 1
9.5 	in the year for which the license is to be issued~~, an additional~~ 
9.6 	is subject to a penalty fee of ~~$10 must be paid before the~~ 50
9.7 	percent of the application fee.  The penalty fee must be paid
9.8 	before the renewal license may be issued.
9.9 	(c) An application for a duplicate noncommercial applicator
9.10 	license must be accompanied by a nonrefundable application fee
9.11 	of $10.

9.12 	Sec. 14. Minnesota Statutes 2004, section 18C.141,
9.13 	subdivision 1, is amended to read:
9.14 		Subdivision 1.Program establishment.  The commissioner
9.15 	shall establish ~~a program~~ voluntary programs to certify the
9.16 	accuracy of analyses from soil and manure testing laboratories
9.17 	and promote standardization of soil and manure testing
9.18 	procedures and analytical results.

9.19 	Sec. 15. Minnesota Statutes 2004, section 18C.141,
9.20 	subdivision 3, is amended to read:
9.21 		Subd. 3.Analyses reporting standards.  (a) The results
9.22 	obtained from soil, manure, or plant analysis must be reported
9.23 	in accordance with standard reporting units established by the
9.24 	commissioner by rule.  The standard reporting units must conform
9.25 	as far as practical to uniform standards that are adopted on a
9.26 	regional or national basis.
9.27 	(b) If a certified laboratory offers a recommendation for
9.28 	use in Minnesota, the University of Minnesota recommendation or
9.29 	that of another land grant college in a contiguous state must be
9.30 	offered in addition to other recommendations, and the source of
9.31 	the recommendation must be identified on the recommendation
9.32 	form.  If relative levels such as low, medium, or high are
9.33 	presented to classify the analytical results, the corresponding
9.34 	relative levels based on the analysis as designated by the
9.35 	University of Minnesota or the land grant college in a
9.36 	contiguous state must also be presented.

10.1 	Sec. 16. Minnesota Statutes 2004, section 18C.141,
10.2 	subdivision 5, is amended to read:
10.3 		Subd. 5.~~certification~~ fees.  (a) The commissioner may
10.4 	charge the actual costs for check sample preparation and
10.5 	shipping.
10.6 	(b) A laboratory applying for certification ~~shall pay an~~
10.7 	~~application fee of $100 and a certification fee of $100 before~~
10.8 	~~the certification is issued~~ may be charged a nonrefundable
10.9 	certification fee to cover the actual costs for administration
10.10 	of the program.
10.11 	~~(b)~~ (c) Certification is ~~valid for one year and the renewal~~
10.12 	~~fee is $100.  The commissioner shall charge an additional~~
10.13 	~~application fee of $100 if a certified laboratory allows~~
10.14 	~~certification to lapse before applying for renewed certification~~ 
10.15 	renewable on an annual basis.
10.16 	~~(c)~~ The commissioner shall notify a certified lab that its
10.17 	certification lapses within 30 to 60 days of the date when the
10.18 	certification lapses.
10.19 	(d) The commissioner may accept donations to support the
10.20 	development and operation of soil and manure programs.
10.21 	(e) Revenues under this section are deposited in the
10.22 	fertilizer account of the agricultural fund.

10.23 	Sec. 17. Minnesota Statutes 2004, section 18C.425,
10.24 	subdivision 6, is amended to read:
10.25 		Subd. 6.Inspection fees.  The person responsible for
10.26 	payment of the inspection fees for fertilizers, soil amendments,
10.27 	or plant amendments sold and used in this state must pay an
10.28 	inspection fee of ~~15~~ 30 cents per ton of fertilizer, soil
10.29 	amendment, and plant amendment sold or distributed in this
10.30 	state, with a minimum of $10 on all tonnage reports.  Products
10.31 	sold or distributed to manufacturers or exchanged between them
10.32 	are exempt from the inspection fee imposed by this subdivision
10.33 	if the products are used exclusively for manufacturing purposes.

10.34 	Sec. 18. Minnesota Statutes 2004, section 18E.03,
10.35 	subdivision 2, is amended to read:
10.36 		Subd. 2.Expenditures.  (a) Money in the agricultural
11.1 	chemical response and reimbursement account may only be used:
11.2 	(1) to pay for the commissioner's responses to incidents
11.3 	under chapters 18B, 18C, and 18D that are not eligible for
11.4 	payment under section 115B.20, subdivision 2;
11.5 	(2) to pay for emergency responses that are otherwise
11.6 	unable to be funded;
11.7 	(3) to reimburse and pay corrective action costs under
11.8 	section 18E.04; and
11.9 	(4) by the board to reimburse the commissioner for board
11.10 	staff and other administrative costs up to ~~$175,000~~ $225,000 per
11.11 	fiscal year.
11.12 	(b) Money in the agricultural chemical response and
11.13 	reimbursement account is appropriated to the commissioner to
11.14 	make payments as provided in this subdivision.

11.15 	Sec. 19. Minnesota Statutes 2004, section 18G.10,
11.16 	subdivision 5, is amended to read:
11.17 		Subd. 5.Certificate fees.  (a) The commissioner shall
11.18 	assess the fees in paragraphs (b) to (f) for the inspection,
11.19 	service, and work performed in carrying out the issuance of a
11.20 	phytosanitary certificate or export certificate.  The inspection
11.21 	fee must be based on mileage and inspection time.
11.22 	(b) Mileage charge:  current United States Internal Revenue
11.23 	Service mileage rate.
11.24 	(c) Inspection time:  $50 per hour minimum or fee necessary
11.25 	to cover department costs.  Inspection time includes the driving
11.26 	time to and from the location in addition to the time spent
11.27 	conducting the inspection.
11.28 	(d) ~~A fee must be charged for any certificate issued that~~
11.29 	~~requires laboratory analysis before issuance.  The fee must be~~
11.30 	~~deposited into the laboratory account as authorized in section~~
11.31 	~~17.85.~~If laboratory analysis or other technical analysis is
11.32 	required to issue a certificate, the commissioner must set and
11.33 	collect the fee to recover this additional cost.
11.34 	(e) Certificate fee for product value greater than $250:
11.35 	$75 for each phytosanitary or export certificate issued for any
11.36 	single shipment valued at more than $250 in addition to any
12.1 	mileage or inspection time charges that are assessed.
12.2 	(f) Certificate fee for product value less than $250:  $25
12.3 	for each phytosanitary or export certificate issued for any
12.4 	single shipment valued at less than $250 in addition to any
12.5 	mileage or inspection time charges that are assessed.
12.6 	(g) For services provided for in subdivision 7 that are
12.7 	goods and services provided for the direct and primary use of a
12.8 	private individual, business, or other entity, the commissioner
12.9 	must set and collect the fees to cover the cost of the services
12.10 	provided.

12.11 	Sec. 20. Minnesota Statutes 2004, section 18G.10,
12.12 	subdivision 7, is amended to read:
12.13 		Subd. 7.~~plant protection inspections,~~supplemental,
12.14 	additional, or other certificates~~,~~and permits~~, and fees~~.  (a)
12.15 	The commissioner may provide inspection, sampling, or
12.16 	certification services to ensure that Minnesota plant products
12.17 	or commodities meet import requirements of other states or
12.18 	countries.
12.19 	(b) The state plant regulatory official may issue permits
12.20 	and certificates verifying that various Minnesota agricultural
12.21 	products or commodities meet specified ~~phytosanitary~~ plant
12.22 	health requirements, treatment requirements, or pest absence
12.23 	assurances based on determinations by the commissioner. ~~The~~
12.24 	~~commissioner may collect fees sufficient to recover costs for~~
12.25 	~~these permits or certificates.  The fees must be deposited in~~
12.26 	~~the nursery and phytosanitary account.~~

12.27 	Sec. 21. Minnesota Statutes 2004, section 18H.07,
12.28 	subdivision 1, is amended to read:
12.29 		Subdivision 1.Establishment of fees.  The commissioner
12.30 	shall establish fees sufficient to allow for the administration
12.31 	and enforcement of this chapter and rules adopted under this
12.32 	chapter, including the portion of general support costs and
12.33 	statewide indirect costs of the agency attributable to that
12.34 	function, with a reserve sufficient for up to six months.  The
12.35 	commissioner shall review the fee schedule annually in
12.36 	consultation with the Minnesota Nursery and Landscape Advisory
13.1 	Committee.  For the certificate year beginning January 1, ~~2004~~ 
13.2 	2006, the fees are as described in this section.

13.3 	Sec. 22. Minnesota Statutes 2004, section 18H.07,
13.4 	subdivision 2, is amended to read:
13.5 		Subd. 2.Nursery stock grower certificate.  (a) A nursery
13.6 	stock grower must pay an annual fee based on the area of all
13.7 	acreage on which nursery stock is grown for certification as
13.8 	follows:
13.9 	(1) less than one-half acre, $150;
13.10 	(2) from one-half acre to two acres, $200;
13.11 	(3) over two acres up to five acres, $300;
13.12 	(4) over five acres up to ten acres, $350;
13.13 	(5) over ten acres up to 20 acres, $500;
13.14 	(6) over 20 acres up to 40 acres, $650;
13.15 	(7) over 40 acres up to 50 acres, $800;
13.16 	(8) over 50 acres up to 200 acres, $1,100;
13.17 	(9) over 200 acres up to 500 acres, $1,500; and
13.18 	(10) over 500 acres, $1,500 plus $2 for each additional
13.19 	acre.
13.20 	(b) In addition to the fees in paragraph (a), a penalty of
13.21 	ten percent of the fee due must be charged for each month, or
13.22 	portion thereof,that the fee is delinquent up to a maximum of
13.23 	30 percent for any application for renewal not received by
13.24 	January 1 of the year following expiration of a certificate.

13.25 	Sec. 23. Minnesota Statutes 2004, section 18H.07,
13.26 	subdivision 3, is amended to read:
13.27 		Subd. 3.Nursery stock dealer certificate.  (a) A nursery
13.28 	stock dealer must pay an annual fee based on the dealer's gross
13.29 	sales of certified nursery stock per location during the
13.30 	~~preceding~~ most recent certificate year.  A certificate applicant
13.31 	operating for the first time must pay the minimum fee.  The fees
13.32 	per sales location are:
13.33 	(1) gross sales up to ~~$20,000~~ $5,000, $150;
13.34 	(2) gross sales over ~~$20,000~~ $5,000 up to ~~$100,000~~ $20,000,
13.35 	$175;
13.36 	(3) gross sales over ~~$100,000~~ $20,000 up to
14.1 	~~$250,000~~ $50,000, $300;
14.2 	(4) gross sales over ~~$250,000~~ $50,000 up to
14.3 	~~$500,000~~ $75,000, $425;
14.4 	(5) gross sales over ~~$500,000~~ $75,000 up to
14.5 	~~$1,000,000~~ $100,000, $550;
14.6 	(6) gross sales over ~~$1,000,000~~ $100,000 up to
14.7 	~~$2,000,000~~ $200,000, $675; and
14.8 	(7) gross sales over ~~$2,000,000~~ $200,000, $800.
14.9 	(b) In addition to the fees in paragraph (a), a penalty of
14.10 	ten percent of the fee due must be charged for each month, or
14.11 	portion thereof,that the fee is delinquent up to a maximum of
14.12 	30 percent for any application for renewal not received by
14.13 	January 1 of the year following expiration of a certificate.

14.14 	Sec. 24. Minnesota Statutes 2004, section 19.64,
14.15 	subdivision 1, is amended to read:
14.16 		Subdivision 1.Registration.  Every person who owns,
14.17 	leases, or possesses colonies of bees ~~or who intends to bring~~
14.18 	~~bees into the state under an entry permit~~ shall register the
14.19 	bees with the commissioner on or before ~~April 15~~ June 1 of each
14.20 	year or within 15 days of entry into Minnesota or taking
14.21 	possession of hives, whichever comes first.  The registration
14.22 	application shall include the name and address of the applicant,
14.23 	a description of the exact location of each of the applicant's
14.24 	apiaries by county, township, range and quarter section, and
14.25 	other information required by the commissioner.  The fee for
14.26 	registration under this subdivision is a minimum of $10 per
14.27 	beekeeper and 25 cents per colony maintained in the state. ~~The~~
14.28 	~~commissioner shall provide registered beekeepers with the~~
14.29 	~~Minnesota pest report.~~
14.30 	If colonies numbers increase at any time of year from
14.31 	splitting, purchasing, or otherwise, the additional fees per
14.32 	colony are required within 15 days of the increase in number of
14.33 	colonies.  The registration required by this section is not
14.34 	transferable.  At least one colony in each location must be
14.35 	plainly and legibly marked with the owner's name and telephone
14.36 	number and address, and other information required by the
15.1 	commissioner.  The department shall provide information on
15.2 	colony locations as reported on the registrations on an Internet
15.3 	Web site or through other appropriate measures.

15.4 	Sec. 25. Minnesota Statutes 2004, section 25.341,
15.5 	subdivision 2, is amended to read:
15.6 		Subd. 2.Application; fee; term.  A person who is
15.7 	required to have a commercial feed license shall submit an
15.8 	application on a form provided or approved by the commissioner
15.9 	accompanied by a ~~license~~ fee of $25 paid to the commissioner for
15.10 	each ~~facility~~ location. A license is not transferable from one
15.11 	person to another, from one ownership to another, or from one
15.12 	location to another.The license year is the calendar year.  A
15.13 	license expires on December 31 of the year for which it is
15.14 	issued, except that a license is valid through January 31 of the
15.15 	next year or until the issuance of the renewal license,
15.16 	whichever comes first, if the licensee has filed a renewal
15.17 	application with the commissioner on or before December 31 of
15.18 	the year for which the current license was issued. ~~A new~~
15.19 	~~applicant who~~ Any person who is required to have, but fails to
15.20 	obtain a license ~~within 15 working days of notification of the~~
15.21 	~~requirement to obtain a license,~~or a licensee who fails to
15.22 	comply with license renewal requirements, shall pay a $50 late
15.23 	fee in addition to the license fee. ~~The commissioner may issue~~
15.24 	~~a withdrawal from distribution order on any commercial feed that~~
15.25 	~~an unlicensed person produces or distributes in the state until~~
15.26 	~~a license is issued.~~

15.27 	Sec. 26. [25.342] CERTIFICATES, FREE SALE.
15.28 	A nonrefundable application fee of $25 must accompany all
15.29 	free sale certificate requests to facilitate the movement of
15.30 	Minnesota processed and manufactured feeds destined for export
15.31 	from the state.  Each label submitted for review must be
15.32 	accompanied by a nonrefundable $50 application fee.

15.33 	Sec. 27. Minnesota Statutes 2004, section 25.39,
15.34 	subdivision 1, is amended to read:
15.35 		Subdivision 1.Amount of fee.  (a) An inspection fee at
15.36 	the rate of 16 cents per ton must be paid to the commissioner on
16.1 	commercial feeds distributed in this state by the person who
16.2 	first distributes the commercial feed, except that:
16.3 	(1) no fee ~~needs to~~ need be paid on:
16.4 	~~(1)~~ (i) a commercial feed if the payment has been made by a
16.5 	previous distributor; or 
16.6 	~~(2)~~ (ii) customer formula feeds if the inspection fee is
16.7 	paid on the commercial feeds which are used as ingredients; or
16.8 	~~(3) commercial feeds used as ingredients for the~~
16.9 	~~manufacture of commercial feeds if the fee has been paid by a~~
16.10 	~~previous distributor.  If the fee has already been paid, credit~~
16.11 	~~must be given for that payment.~~(2) a Minnesota feed distributor
16.12 	who ~~distributes~~ can substantiate that greater than 50 percent of
16.13 	the distribution of commercial feed is to purchasers outside the
16.14 	state may purchase commercial feeds~~,~~without payment ~~by any~~
16.15 	~~person~~ of the inspection fee ~~required on those purchases,~~under
16.16 	a tonnage fee exemption permit issued by the commissioner.  Such
16.17 	location specific permits shall ~~only~~ be issued on a calendar
16.18 	year basis to commercial feed distributors who submit a $100
16.19 	nonrefundable application fee and comply with rules adopted by
16.20 	the commissioner relative to record keeping, tonnage of
16.21 	commercial feed distributed in Minnesota, total of all
16.22 	commercial feed tonnage distributed, and all other information
16.23 	which the commissioner may require so as to ensure that proper
16.24 	inspection fee payment has been made.
16.25 	(b) In the case of pet food distributed in the state only
16.26 	in packages of ten pounds or less, a listing of each product and
16.27 	a current label for each product must be submitted annually on
16.28 	forms provided by the commissioner and accompanied by an annual
16.29 	fee of $50 for each product in lieu of the inspection fee.  This
16.30 	annual fee is due by July 1.  The inspection fee required by
16.31 	paragraph (a) applies to pet food distributed in packages
16.32 	exceeding ten pounds.
16.33 	(c) In the case of specialty pet food distributed in the
16.34 	state only in packages of ten pounds or less, a listing of each
16.35 	product and a current label for each product must be submitted
16.36 	annually on forms provided by the commissioner and accompanied
17.1 	by an annual fee of $25 for each product in lieu of the
17.2 	inspection fee.  This annual fee is due by July 1.  The
17.3 	inspection fee required by paragraph (a) applies to specialty
17.4 	pet food distributed in packages exceeding ten pounds.
17.5 	(d) The minimum inspection fee is $10 per annual reporting
17.6 	period.

17.7 	Sec. 28. Minnesota Statutes 2004, section 25.39,
17.8 	subdivision 4, is amended to read:
17.9 		Subd. 4.Commercial feed inspection account.  A
17.10 	commercial feed inspection account is established in the
17.11 	agricultural fund.  Fees and penalties collected under ~~sections~~
17.12 	~~25.35 to 25.43~~this chapter and interest attributable to money
17.13 	in the account must be deposited in the agricultural fund and
17.14 	credited to the commercial feed inspection account.  Money in
17.15 	the account, including interest earned, is appropriated to the
17.16 	commissioner for the administration and enforcement of ~~sections~~
17.17 	~~25.341 to 25.43~~this chapter.

17.18 	Sec. 29. Minnesota Statutes 2004, section 223.17,
17.19 	subdivision 3, is amended to read:
17.20 		Subd. 3.Grain buyers and storage account; fees.  The
17.21 	commissioner shall set the fees for inspections under sections
17.22 	223.15 to 223.22 at levels necessary to pay the expenses of
17.23 	administering and enforcing sections 223.15 to 223.22.
17.24 	The fee for any license issued or renewed after June 30,
17.25 	~~2001~~ 2005, shall be set according to the following schedule:
17.26 	(a) ~~$125~~ $140 plus ~~$100~~ $110 for each additional location
17.27 	for grain buyers whose gross annual purchases are less than
17.28 	$100,000;
17.29 	(b) ~~$250~~ $275 plus ~~$100~~ $110 for each additional location
17.30 	for grain buyers whose gross annual purchases are at least
17.31 	$100,000, but not more than $750,000;
17.32 	(c) ~~$375~~ $415 plus ~~$200~~ $220 for each additional location
17.33 	for grain buyers whose gross annual purchases are more than
17.34 	$750,000 but not more than $1,500,000;
17.35 	(d) ~~$500~~ $550 plus ~~$200~~ $220 for each additional location
17.36 	for grain buyers whose gross annual purchases are more than
18.1 	$1,500,000 but not more than $3,000,000; and
18.2 	(e) ~~$625~~ $700 plus ~~$200~~ $220 for each additional location
18.3 	for grain buyers whose gross annual purchases are more than
18.4 	$3,000,000.
18.5 	A penalty amount not to exceed ten percent of the fees due
18.6 	may be imposed by the commissioner for each month for which the
18.7 	fees are delinquent.
18.8 	There is created the grain buyers and storage account in
18.9 	the agricultural fund.  Money collected pursuant to sections
18.10 	223.15 to 223.19 shall be paid into the state treasury and
18.11 	credited to the grain buyers and storage account and is
18.12 	appropriated to the commissioner for the administration and
18.13 	enforcement of sections 223.15 to 223.22.

18.14 	Sec. 30. Minnesota Statutes 2004, section 231.16, is
18.15 	amended to read:
18.16 	231.16 WAREHOUSE OPERATOR OR HOUSEHOLD GOODS WAREHOUSE
18.17 	OPERATOR TO OBTAIN LICENSE.
18.18 	A warehouse operator or household goods warehouse operator
18.19 	must be licensed annually by the department.  The department
18.20 	shall prescribe the form of the written application.  If the
18.21 	department approves the license application and the applicant
18.22 	files with the department the necessary bond, in the case of
18.23 	household goods warehouse operators, or proof of warehouse
18.24 	operators legal liability insurance coverage in an amount of
18.25 	$50,000 or more, as provided for in this chapter, the department
18.26 	shall issue the license upon payment of the license fee required
18.27 	in this section.  A warehouse operator or household goods
18.28 	warehouse operator to whom a license is issued shall pay a fee
18.29 	as follows:
18.30 	Building square footage used for public storage
18.31 	(1) 5,000 or less ~~$100~~ $110 
18.32 	            (2) 5,001 to 10,000 ~~$200~~ $220 
18.33 	            (3) 10,001 to 20,000 ~~$300~~ $330 
18.34 	            (4) 20,001 to 100,000 ~~$400~~ $440 
18.35 	            (5) 100,001 to 200,000 ~~$500~~ $550 
18.36 	            (6) over 200,000                 $600
19.1 	A penalty amount not to exceed ten percent of the fees due
19.2 	may be imposed by the commissioner for each month for which the
19.3 	fees are delinquent.
19.4 	Fees collected under this chapter must be paid into the
19.5 	grain buyers and storage account established in section 232.22.
19.6 	The license must be renewed annually on or before July 1,
19.7 	and always upon payment of the full license fee required in this
19.8 	section.  No license shall be issued for any portion of a year
19.9 	for less than the full amount of the license fee required in
19.10 	this section.  Each license obtained under this chapter must be
19.11 	publicly displayed in the main office of the place of business
19.12 	of the warehouse operator or household goods warehouse operator
19.13 	to whom it is issued.  The license authorizes the warehouse
19.14 	operator or household goods warehouse operator to carry on the
19.15 	business of warehousing only in the one city or town named in
19.16 	the application and in the buildings therein described.  The
19.17 	department, without requiring an additional bond and license,
19.18 	may issue permits from time to time to any warehouse operator
19.19 	already duly licensed under the provisions of this chapter to
19.20 	operate an additional warehouse in the same city or town for
19.21 	which the original license was issued during the term thereof,
19.22 	upon the filing an application for a permit in the form
19.23 	prescribed by the department.
19.24 	A license may be refused for good cause shown and revoked
19.25 	by the department for violation of law or of any rule adopted by
19.26 	the department, upon notice and after hearing.

19.27 	Sec. 31. Minnesota Statutes 2004, section 232.22,
19.28 	subdivision 3, is amended to read:
19.29 		Subd. 3.Fees; grain buyers and storage account.  There
19.30 	is created in the agricultural fund an account known as the
19.31 	grain buyers and storage account.  The commissioner shall set
19.32 	the fees for inspections, certifications and licenses under
19.33 	sections 232.20 to 232.25 at levels necessary to pay the costs
19.34 	of administering and enforcing sections 232.20 to 232.25.  All
19.35 	money collected pursuant to sections 232.20 to 232.25 and
19.36 	chapters 233 and 236 shall be paid by the commissioner into the
20.1 	state treasury and credited to the grain buyers and storage
20.2 	account and is appropriated to the commissioner for the
20.3 	administration and enforcement of sections 232.20 to 232.25 and
20.4 	chapters 233 and 236.  All money collected pursuant to chapter
20.5 	231 shall be paid by the commissioner into the grain buyers and
20.6 	storage account and is appropriated to the commissioner for the
20.7 	administration and enforcement of chapter 231.
20.8 	The fees for a license to store grain are as follows:
20.9 	(a) For a license to store grain, $110 for each home rule
20.10 	charter or statutory city or town in which a public grain
20.11 	warehouse is operated.
20.12 	(b) A person with a license to store grain in a public
20.13 	grain warehouse is subject to an examination fee for each
20.14 	licensed location, based on the following schedule for one
20.15 	examination:
20.16 	Bushel Capacity Examination Fee
20.17 	     Less than 150,001 $300
20.18 	     150,001 to 250,000 $425
20.19 	     250,001 to 500,000 $545
20.20 	     500,001 to 750,000 $700
20.21 	     750,001 to 1,000,000 $865
20.22 	     1,000,001 to 1,200,000 $1,040
20.23 	     1,200,001 to 1,500,000 $1,205
20.24 	     1,500,001 to 2,000,000 $1,380
20.25 	     More than 2,000,000 $1,555 
20.26 	(c) The fee for the second examination is $55 per hour per
20.27 	examiner for warehouse operators who choose to have it performed
20.28 	by the commissioner.
20.29 	(d) A penalty amount not to exceed ten percent of the fees
20.30 	due may be imposed by the commissioner for each month for which
20.31 	the fees are delinquent.

20.32 	Sec. 32. Minnesota Statutes 2004, section 236.02,
20.33 	subdivision 4, is amended to read:
20.34 		Subd. 4.Fees. The license fee is $140 for each home
20.35 	rule charter or statutory city or town in which a private grain
20.36 	warehouse is operated and which will be used to operate a grain
21.1 	bank.  A penalty amount not to exceed ten percent of the fees
21.2 	due may be imposed by the commissioner for each month for which
21.3 	the fees are delinquent.The license fee must be set by the
21.4 	commissioner in an amount sufficient to cover the costs of
21.5 	administering and enforcing this chapter.  Fees collected under
21.6 	this chapter must be paid into the grain buyers and storage
21.7 	account established in section 232.22.

21.8 	Sec. 33. REPEALER.
 21.9 	Minnesota Statutes 2004, sections 18B.065, subdivision 5;
21.10 	and 19.64, subdivision 4a, are repealed.

21.11 	ARTICLE 2
21.12 	ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS

21.13 	Section 1. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.
 21.14 	The sums shown in the columns marked "APPROPRIATIONS" are
21.15 	appropriated from the general fund, or another named fund, to
21.16 	the agencies and for the purposes specified in this article, to
21.17 	be available for the fiscal years indicated for each purpose.
21.18 	The figures "2006" and "2007," where used in this article, mean
21.19 	that the appropriation or appropriations listed under them are
21.20 	available for the fiscal year ending June 30, 2006, or June 30,
21.21 	2007, respectively.  The term "the first year" means the year
21.22 	ending June 30, 2006, and the term "the second year" means the
21.23 	year ending June 30, 2007.
21.24 	SUMMARY BY FUND
21.25 	2006          2007           TOTAL
21.26 	General            $  112,158,000 $  112,158,000 $  224,316,000
21.27 	State Government
21.28 	Special Revenue            48,000         48,000         96,000
21.29 	Environmental          58,800,000     59,107,000    117,907,000
21.30 	Natural Resources      54,732,000     54,178,000    109,910,000
21.31 	Game and Fish          79,911,000     82,058,000    161,969,000
21.32 	Remediation            11,503,000     11,503,000     23,006,000
21.33 	Permanent School          350,000        350,000        700,000
21.34 	TOTAL              $  318,502,000 $  319,402,000 $  637,904,000
21.35 	APPROPRIATIONS
21.36 	                                       Available for the Year
21.37 	                                           Ending June 30
21.38 	                                          2006         2007

22.1 	Sec. 2. DEPARTMENT OF ENVIRONMENTAL
22.2 	PROTECTION
 22.3 		Subdivision 1.Total
22.4 	Appropriation                     $   82,015,000 $   82,322,000
22.5 	Summary by Fund
22.6 	General              11,764,000    11,764,000
22.7 	State Government
22.8 	Special Revenue          48,000        48,000
22.9 	Environmental        58,800,000    59,107,000
22.10 	Remediation          11,403,000    11,403,000
22.11 	The amounts that may be spent from this
22.12 	appropriation for each program are
22.13 	specified in the following subdivisions.
22.14 		Subd. 2.Water
22.15 	28,609,000     28,609,000
22.16 	Summary by Fund
22.17 	General               7,917,000     7,917,000
22.18 	State Government
22.19 	Special Revenue          48,000        48,000
22.20 	Environmental        20,644,000    20,644,000
22.21 	$2,348,000 the first year and
22.22 	$2,348,000 the second year are for the
22.23 	clean water partnership program.  Any
22.24 	balance remaining in the first year
22.25 	does not cancel and is available for
22.26 	the second year.  This appropriation
22.27 	may be used for grants to local units
22.28 	of government for the purpose of
22.29 	restoring impaired waters listed under
22.30 	section 303(d) of the federal Clean
22.31 	Water Act in accordance with adopted
22.32 	total maximum daily loads (TMDLs),
22.33 	including implementation of approved
22.34 	clean water partnership diagnostic
22.35 	study work plans that will assist in
22.36 	restoration of such impaired waters.
22.37 	$335,000 the first year and $335,000
22.38 	the second year are for community
22.39 	technical assistance and education,
22.40 	including grants and technical
22.41 	assistance to communities for local and
22.42 	basinwide water quality protection.
22.43 	$405,000 the first year and $405,000
22.44 	the second year are for individual
22.45 	sewage treatment system (ISTS)
22.46 	administration and grants.  Of this
22.47 	amount, $86,000 each year is for
22.48 	assistance to counties through grants
22.49 	for ISTS program administration.  Any
22.50 	unexpended balance in the first year
22.51 	does not cancel but is available in the
22.52 	second year.
22.53 	$480,000 the first year and $480,000
23.1 	the second year are from the
23.2 	environmental fund to address the need
23.3 	for continued increased activity in the
23.4 	areas of new technology review,
23.5 	technical assistance for local
23.6 	governments, and enforcement under
23.7 	Minnesota Statutes, sections 115.55 to
23.8 	115.58, and to complete the
23.9 	requirements of Laws 2003, chapter 128,
23.10 	article 1, sections 164 and 165.  Of
23.11 	this amount, $48,000 each year is for
23.12 	administration of individual septic
23.13 	tank fees, as provided in this article.
23.14 	$2,324,000 the first year and
23.15 	$2,324,000 the second year must be
23.16 	distributed as grants to delegated
23.17 	counties to administer the county
23.18 	feedlot program.  Distribution of the
23.19 	funds must be conducted according to
23.20 	the following three-part formula:
23.21 	(1) Number of feedlots in the county:
23.22 	60 percent of the total appropriation
23.23 	must be distributed according to the
23.24 	number of feedlots that are required to
23.25 	be registered in the county.  Grants
23.26 	awarded under this clause must be
23.27 	matched with a combination of local
23.28 	cash and in-kind contributions.
23.29 	(2) Minimum program requirements:  25
23.30 	percent of the total appropriation must
23.31 	be distributed based on the county (i)
23.32 	conducting an annual number of
23.33 	inspections at feedlots that is equal
23.34 	to or greater than seven percent of the
23.35 	total number of registered feedlots
23.36 	that are required to be registered in
23.37 	the county; and (ii) meeting
23.38 	noninspection minimum program
23.39 	requirements as identified in the
23.40 	county feedlot workplan form.  Counties
23.41 	that do not meet the inspection
23.42 	requirement must not receive 50 percent
23.43 	of the eligible funding under this
23.44 	clause.  Counties must receive funding
23.45 	for noninspection requirements under
23.46 	this clause according to a scoring
23.47 	system checklist administered by the
23.48 	department.  The commissioner, in
23.49 	consultation with the Minnesota
23.50 	Association of County Feedlot Officers
23.51 	executive team, shall make a final
23.52 	decision regarding any appeal by a
23.53 	county regarding the terms and
23.54 	conditions of this clause.
23.55 	(3) Performance credits:  15 percent of
23.56 	the total appropriation must be
23.57 	distributed according to work that has
23.58 	been done by the counties during the
23.59 	fiscal year.  The amount must be
23.60 	determined by the number of performance
23.61 	credits a county accumulates during the
23.62 	year based on a performance credit
23.63 	matrix jointly agreed upon by the
23.64 	commissioner in consultation with the
23.65 	Minnesota Association of County Feedlot
23.66 	Officers executive team.  To receive an
23.67 	award under this clause the county must
24.1 	meet the requirements of clause (2)(i)
24.2 	and achieve 90 percent of the
24.3 	requirements according to clause
24.4 	(2)(ii) of the formula.  The rate of
24.5 	reimbursement per performance credit
24.6 	item must not exceed $200.
24.7 	Delegated counties are eligible for a
24.8 	minimum grant of $7,500.  To receive
24.9 	the full $7,500 amount a county must
24.10 	meet the requirements under clause (2)
24.11 	of the formula.  Nondelegated counties
24.12 	that apply for delegation shall receive
24.13 	a grant prorated according to the
24.14 	number of full quarters remaining in
24.15 	the program year from the date of
24.16 	commissioner approval of the
24.17 	delegation.  Funds for awards to any
24.18 	newly delegated counties must be made
24.19 	out of the appropriation reserved for
24.20 	clause (3) of the formula.  The
24.21 	commissioner, in consultation with the
24.22 	Minnesota Association of County Feedlot
24.23 	Officers executive team, may decide to
24.24 	use funds reserved for clause (3) of
24.25 	the formula in an amount not to exceed
24.26 	five percent of the total annual
24.27 	appropriation for initiatives to
24.28 	enhance existing delegated county
24.29 	feedlot programs, information and
24.30 	education, or technical assistance
24.31 	efforts to reduce feedlot-related
24.32 	pollution hazards.  Any funds remaining
24.33 	after distribution under clauses (1)
24.34 	and (2) of the formula must be
24.35 	transferred to clause (3) of the
24.36 	formula.  Any money remaining after the
24.37 	first year is available for the second
24.38 	year.
24.39 	Notwithstanding Minnesota Statutes,
24.40 	section 16A.28, the appropriations
24.41 	encumbered under contract on or before
24.42 	June 30, 2007, for clean water
24.43 	partnership, individual sewage
24.44 	treatment systems (ISTS), Minnesota
24.45 	River, total maximum daily loads
24.46 	(TMDLs), and local and basinwide water
24.47 	quality protection grants in this
24.48 	subdivision are available until June
24.49 	30, 2009.
24.50 		Subd. 3.Air
24.51 	9,297,000      9,604,000
24.52 	Summary by Fund
24.53 	Environmental         9,297,000     9,604,000
24.54 	Up to $150,000 the first year and
24.55 	$150,000 the second year may be
24.56 	transferred to the environmental fund
24.57 	for the small business environmental
24.58 	improvement loan program established in
24.59 	Minnesota Statutes, section 116.993.
24.60 	$200,000 the first year and $200,000
24.61 	the second year are from the
24.62 	environmental fund for a monitoring
24.63 	program under Minnesota Statutes,
25.1 	section 116.454.
25.2 		Subd. 4.Land
25.3 	18,467,000     18,467,000
25.4 	Summary by Fund
25.5 	Environmental         7,064,000     7,064,000
25.6 	Remediation          11,403,000    11,403,000
25.7 	All money for environmental response,
25.8 	compensation, and compliance in the
25.9 	remediation fund not otherwise
25.10 	appropriated is appropriated to the
25.11 	commissioners of the Departments of
25.12 	Environmental Protection and
25.13 	Agriculture for purposes of Minnesota
25.14 	Statutes, section 115B.20, subdivision
25.15 	2, clauses (1), (2), (3), (6), and
25.16 	(7).  At the beginning of each fiscal
25.17 	year, the two commissioners shall
25.18 	jointly submit an annual spending plan
25.19 	to the commissioner of finance that
25.20 	maximizes the utilization of resources
25.21 	and appropriately allocates the money
25.22 	between the two departments.  This
25.23 	appropriation is available until June
25.24 	30, 2007.
25.25 	$3,616,000 the first year and
25.26 	$3,616,000 the second year are from the
25.27 	petroleum tank fund to be transferred
25.28 	to the remediation fund for purposes of
25.29 	the leaking underground storage tank
25.30 	program to protect the land.
25.31 	$200,000 the first year and $200,000
25.32 	the second year are from the
25.33 	remediation fund to be transferred to
25.34 	the Department of Health for private
25.35 	water supply monitoring and health
25.36 	assessment costs in areas contaminated
25.37 	by unpermitted mixed municipal solid
25.38 	waste disposal facilities.
25.39 		Subd. 5.Multimedia
25.40 	24,059,000     24,059,000
25.41 	Summary by Fund
25.42 	General               2,264,000     2,264,000
25.43 	Environmental        21,795,000    21,795,000
25.44 	$12,500,000 each year is from the
25.45 	environmental fund for SCORE block
25.46 	grants to counties.
25.47 	Any unencumbered grant and loan
25.48 	balances in the first year do not
25.49 	cancel but are available for grants and
25.50 	loans in the second year.
25.51 	All money deposited in the
25.52 	environmental fund for the metropolitan
25.53 	solid waste landfill fee in accordance
25.54 	with Minnesota Statutes, section
25.55 	473.843, and not otherwise
26.1 	appropriated, is appropriated to the
26.2 	department for the purposes of
26.3 	Minnesota Statutes, section 473.844.
26.4 	$119,000 the first year and $119,000
26.5 	the second year are for environmental
26.6 	assistance grants or loans under
26.7 	Minnesota Statutes, section 115A.0716.
26.8 	Notwithstanding Minnesota Statutes,
26.9 	section 16A.28, the appropriations
26.10 	encumbered under contract on or before
26.11 	June 30, 2007, for environmental
26.12 	assistance grants awarded under
26.13 	Minnesota Statutes, section 115A.0716,
26.14 	and for technical and research
26.15 	assistance under Minnesota Statutes,
26.16 	section 115A.152, technical assistance
26.17 	under Minnesota Statutes, section
26.18 	115A.52, and pollution prevention
26.19 	assistance under Minnesota Statutes,
26.20 	section 115D.04, are available until
26.21 	June 30, 2009.
26.22 		Subd. 6.Administrative Support
26.23 	1,583,000      1,583,000
26.24 	Summary by Fund
26.25 	General               1,583,000     1,583,000

26.26 	Sec. 3. NATURAL RESOURCES
 26.27 		Subdivision 1.Total
26.28 	Appropriation                        206,080,000    206,671,000
26.29 	Summary by Fund
26.30 	General              74,761,000    74,761,000
26.31 	Natural Resources    50,958,000    49,402,000
26.32 	Game and Fish        79,911,000    82,058,000
26.33 	Remediation             100,000       100,000
26.34 	Permanent School        350,000       350,000
26.35 	The amounts that may be spent from this
26.36 	appropriation for each program are
26.37 	specified in the following subdivisions.
26.38 		Subd. 2.Land and Mineral Resources
26.39 	Management
26.40 	8,716,000      8,752,000
26.41 	Summary by Fund
26.42 	General               5,248,000     5,248,000
26.43 	Natural Resources     2,122,000     2,122,000
26.44 	Game and Fish           996,000     1,032,000
26.45 	Permanent School        350,000       350,000
26.46 	$275,000 the first year and $275,000
26.47 	the second year are for iron ore
26.48 	cooperative research, of which $137,500
27.1 	the first year and $137,500 the second
27.2 	year are available only as matched by
27.3 	$1 of nonstate money for each $1 of
27.4 	state money.  The match may be cash or
27.5 	in-kind.
27.6 	$86,000 the first year and $86,000 the
27.7 	second year are for minerals
27.8 	cooperative environmental research, of
27.9 	which $43,000 the first year and
27.10 	$43,000 the second year are available
27.11 	only as matched by $1 of nonstate money
27.12 	for each $1 of state money.  The match
27.13 	may be cash or in-kind.
27.14 	$1,946,000 the first year and
27.15 	$1,946,000 the second year are from the
27.16 	minerals management account in the
27.17 	natural resources fund for only the
27.18 	purposes specified in Minnesota
27.19 	Statutes, section 93.2236, paragraph
27.20 	(c).  Of this amount, $1,526,000 the
27.21 	first year and $1,526,000 the second
27.22 	year are for mineral resource
27.23 	management, $420,000 the first year and
27.24 	$420,000 the second year are for
27.25 	projects to enhance future income and
27.26 	promote new opportunities, including
27.27 	value-added iron products, geological
27.28 	mapping, and mercury research.  The
27.29 	appropriation is from the revenue
27.30 	deposited in the minerals management
27.31 	account under Minnesota Statutes,
27.32 	section 93.22, subdivision 1, paragraph
27.33 	(b).
27.34 	$300,000 the first year and $300,000
27.35 	the second year are from the state
27.36 	forest suspense account in the
27.37 	permanent school fund to accelerate
27.38 	land exchanges, land sales, and
27.39 	commercial leasing of school trust
27.40 	lands.  This appropriation is to be
27.41 	used toward meeting the provisions of
27.42 	Minnesota Statutes, section 92.121, to
27.43 	exchange school trust lands or put
27.44 	alternatives in effect when management
27.45 	practices have diminished or prohibited
27.46 	revenue generation, and the direction
27.47 	of Minnesota Statutes, section 127A.31,
27.48 	to secure maximum long-term economic
27.49 	return from the school trust lands
27.50 	consistent with fiduciary
27.51 	responsibilities and sound natural
27.52 	resources conservation and management
27.53 	principles.
27.54 	$50,000 the first year and $50,000 the
27.55 	second year are from the state forest
27.56 	suspense account in the permanent
27.57 	school fund to identify, evaluate, and
27.58 	lease construction aggregate located on
27.59 	school trust lands.
27.60 		Subd. 3.Water Resources Management
27.61 	11,422,000     11,422,000
27.62 	Summary by Fund
27.63 	General              11,142,000    11,142,000
28.1 	Natural Resources       280,000       280,000
28.2 		Subd. 4.Forest Management
28.3 	34,276,000     34,276,000
28.4 	Summary by Fund
28.5 	General              24,311,000    24,311,000
28.6 	Natural Resources     9,715,000     9,715,000
28.7 	Game and Fish           250,000       250,000
28.8 	$7,217,000 the first year and
28.9 	$7,217,000 the second year are for
28.10 	prevention, presuppression, and
28.11 	suppression costs of emergency
28.12 	firefighting and other costs incurred
28.13 	under Minnesota Statutes, section
28.14 	88.12.  If the appropriation for either
28.15 	year is insufficient to cover all costs
28.16 	of presuppression and suppression, the
28.17 	amount necessary to pay for these costs
28.18 	during the biennium is appropriated
28.19 	from the general fund.  By November 15
28.20 	of each year, the commissioner of
28.21 	natural resources shall submit a report
28.22 	to the chairs of the house of
28.23 	representatives Ways and Means
28.24 	Committee, the senate Finance
28.25 	Committee, the Environment and
28.26 	Agriculture Budget Division of the
28.27 	senate Finance Committee, and the house
28.28 	of representatives Environment and
28.29 	Natural Resources Finance Committee,
28.30 	identifying all firefighting costs
28.31 	incurred and reimbursements received in
28.32 	the prior fiscal year.  These
28.33 	appropriations may not be transferred.
28.34 	Any reimbursement of firefighting
28.35 	expenditures made to the commissioner
28.36 	from any source other than federal
28.37 	mobilizations shall be deposited into
28.38 	the general fund.
28.39 	$9,715,000 the first year and
28.40 	$9,715,000 the second year are from the
28.41 	forest management investment account in
28.42 	the natural resources fund for only the
28.43 	purposes specified in Minnesota
28.44 	Statutes, section 89.039, subdivision 2.
28.45 	$730,000 the first year and $730,000
28.46 	the second year are for the Forest
28.47 	Resources Council for implementation of
28.48 	the Sustainable Forest Resources Act.
28.49 	$350,000 the first year and $350,000
28.50 	the second year are for the FORIST
28.51 	Timber Management Information System
28.52 	and for increased forestry management.
28.53 	The amount in the second year is also
28.54 	available in the first year.
28.55 	$250,000 the first year and $250,000
28.56 	the second year are from the game and
28.57 	fish fund to implement Ecological
28.58 	Classification Systems (ECS) standards
28.59 	on forested landscapes.  This
28.60 	appropriation is from revenue deposited
29.1 	in the game and fish fund under
29.2 	Minnesota Statutes, section 297A.94,
29.3 	paragraph (e), clause (1).
29.4 		Subd. 5.Parks and Recreation
29.5 	Management
29.6 	23,644,000     23,732,000
29.7 	Summary by Fund
29.8 	General              19,279,000    19,279,000
29.9 	Natural Resources     4,365,000     4,453,000
29.10 	$640,000 the first year and $640,000
29.11 	the second year are from the water
29.12 	recreation account in the natural
29.13 	resources fund for state park water
29.14 	access projects.
29.15 	$3,725,000 the first year and
29.16 	$3,813,000 the second year are from the
29.17 	natural resources fund for state park
29.18 	and recreation area operations.  This
29.19 	appropriation is from the revenue
29.20 	deposited in the natural resources fund
29.21 	under Minnesota Statutes, section
29.22 	297A.94, paragraph (e), clause (2).
29.23 		Subd. 6.Trails and Waterways
29.24 	Management
29.25 	23,098,000     23,050,000
29.26 	Summary by Fund
29.27 	General               1,284,000     1,284,000
29.28 	Natural Resources    19,723,000    19,679,000
29.29 	Game and Fish         2,091,000     2,087,000
29.30 	$5,724,000 the first year and
29.31 	$5,724,000 the second year are from the
29.32 	snowmobile trails and enforcement
29.33 	account in the natural resources fund
29.34 	for snowmobile grants-in-aid.  Any
29.35 	unencumbered balance does not cancel at
29.36 	the end of the first year and is
29.37 	available for the second year.
29.38 	$625,000 the first year and $625,000
29.39 	the second year are from the natural
29.40 	resources fund for off-highway vehicle
29.41 	grants-in-aid.  Of this amount,
29.42 	$475,000 each year is from the
29.43 	all-terrain vehicle account; $50,000
29.44 	each year is from the off-highway
29.45 	motorcycle account; and $100,000 each
29.46 	year is from the off-road vehicle
29.47 	account.  Any unencumbered balance does
29.48 	not cancel at the end of the first year
29.49 	and is available for the second year.
29.50 	$261,000 the first year and $261,000
29.51 	the second year are from the water
29.52 	recreation account in the natural
29.53 	resources fund for a safe harbor
29.54 	program on Lake Superior.
30.1 	$742,000 the first year and $760,000
30.2 	the second year are from the natural
30.3 	resources fund for state trail
30.4 	operations.  This appropriation is from
30.5 	the revenue deposited in the natural
30.6 	resources fund under Minnesota
30.7 	Statutes, section 297A.94, paragraph
30.8 	(e), clause (2).
30.9 	$632,000 the first year and $645,000
30.10 	the second year are from the natural
30.11 	resources fund for trail grants to
30.12 	local units of government on land to be
30.13 	maintained for at least 20 years for
30.14 	the purposes of the grant.  This
30.15 	appropriation is from the revenue
30.16 	deposited in the natural resources fund
30.17 	under Minnesota Statutes, section
30.18 	297A.94, paragraph (e), clause (4).
30.19 	$75,000 the first year is from the
30.20 	all-terrain vehicle account in the
30.21 	natural resources fund for a study to
30.22 	determine the amount of gasoline used
30.23 	each year by all-terrain vehicle riders
30.24 	in the state.  The commissioners of
30.25 	natural resources, revenue, and
30.26 	transportation shall jointly determine
30.27 	the amount of unrefunded gasoline tax
30.28 	attributable to all-terrain vehicle use
30.29 	in the state and shall report to the
30.30 	legislature by March 1, 2006, with an
30.31 	appropriate proposed revision to
30.32 	Minnesota Statutes, section 296A.18.
30.33 		Subd. 7.Fish and Wildlife Management
30.34 	54,935,000     56,319,000
30.35 	Summary by Fund
30.36 	General               1,966,000     1,966,000
30.37 	Natural Resources     1,542,000     1,542,000
30.38 	Game and Fish        51,427,000    52,811,000
30.39 	$407,000 the first year and $412,000
30.40 	the second year are for resource
30.41 	population surveys in the 1837 treaty
30.42 	area.  Of this amount, $265,000 the
30.43 	first year and $270,000 the second year
30.44 	are from the game and fish fund.
30.45 	$7,233,000 the first year and
30.46 	$7,233,000 the second year are from the
30.47 	heritage enhancement account in the
30.48 	game and fish fund for only the
30.49 	purposes specified in Minnesota
30.50 	Statutes, section 297A.94, paragraph
30.51 	(e), clause (1).
30.52 	Notwithstanding Minnesota Statutes,
30.53 	section 297A.94, this appropriation may
30.54 	be used for hunter recruitment and
30.55 	retention and public land user
30.56 	facilities.
30.57 	The commissioner shall transfer $8,000
30.58 	the first year and $8,000 the second
30.59 	year from the game and fish fund to the
31.1 	wild turkey management account for
31.2 	purposes specified in Minnesota
31.3 	Statutes, section 97A.075, subdivision
31.4 	5.
31.5 		Subd. 8.Ecological Services
31.6 	10,219,000     10,283,000
31.7 	Summary by Fund
31.8 	General               3,275,000     3,275,000
31.9 	Natural Resources     3,153,000     3,153,000
31.10 	Game and Fish         3,791,000     3,855,000
31.11 	$1,128,000 the first year and
31.12 	$1,128,000 the second year are from the
31.13 	nongame wildlife management account in
31.14 	the natural resources fund for the
31.15 	purpose of nongame wildlife management.
31.16 	Notwithstanding Minnesota Statutes,
31.17 	section 290.431, $100,000 the first
31.18 	year and $100,000 the second year may
31.19 	be used for nongame information,
31.20 	education, and promotion.
31.21 	$1,588,000 the first year and
31.22 	$1,588,000 the second year are from the
31.23 	heritage enhancement account in the
31.24 	game and fish fund for only the
31.25 	purposes specified in Minnesota
31.26 	Statutes, section 297A.94, paragraph
31.27 	(e), clause (1).  This appropriation is
31.28 	from the revenue deposited in the game
31.29 	and fish fund under Minnesota Statutes,
31.30 	section 297A.94, paragraph (e), clause
31.31 	(1).
31.32 		Subd. 9.Enforcement
31.33 	29,117,000     29,687,000
31.34 	Summary by Fund
31.35 	General               3,356,000     3,356,000
31.36 	Natural Resources     7,133,000     7,133,000
31.37 	Game and Fish        18,528,000    19,098,000
31.38 	Remediation             100,000       100,000
31.39 	$1,082,000 the first year and
31.40 	$1,082,000 the second year are from the
31.41 	water recreation account in the natural
31.42 	resources fund for grants to counties
31.43 	for boat and water safety.
31.44 	$100,000 the first year and $100,000
31.45 	the second year are from the
31.46 	remediation fund for solid waste
31.47 	enforcement activities under Minnesota
31.48 	Statutes, section 116.073.
31.49 	$315,000 the first year and $315,000
31.50 	the second year are from the snowmobile
31.51 	trails and enforcement account in the
31.52 	natural resources fund for grants to
32.1 	local law enforcement agencies for
32.2 	snowmobile enforcement activities.
32.3 	$1,164,000 the first year and
32.4 	$1,164,000 the second year are from the
32.5 	heritage enhancement account in the
32.6 	game and fish fund for only the
32.7 	purposes specified in Minnesota
32.8 	Statutes, section 297A.94, paragraph
32.9 	(e), clause (1).  This appropriation is
32.10 	from the revenue deposited in the game
32.11 	and fish fund under Minnesota Statutes,
32.12 	section 297A.94, paragraph (e), clause
32.13 	(1).
32.14 	Overtime must be distributed to
32.15 	conservation officers at historical
32.16 	levels; however, a reasonable reduction
32.17 	or addition may be made to the
32.18 	officer's allocation, if justified,
32.19 	based on an individual officer's
32.20 	workload.  If funding for enforcement
32.21 	is reduced because of an unallotment,
32.22 	the overtime bank may be reduced in
32.23 	proportion to reductions made in other
32.24 	areas of the budget.
32.25 	$225,000 the first year and $225,000
32.26 	the second year are from the natural
32.27 	resources fund for grants to county law
32.28 	enforcement agencies for off-highway
32.29 	vehicle enforcement and public
32.30 	education activities based on
32.31 	off-highway vehicle use in the county.
32.32 	Of this amount, $213,000 each year is
32.33 	from the all-terrain vehicle account;
32.34 	$11,000 each year is from the
32.35 	off-highway motorcycle account; and
32.36 	$1,000 each year is from the off-road
32.37 	vehicle account.  The county
32.38 	enforcement agencies may use money
32.39 	received under this appropriation to
32.40 	make grants to other local enforcement
32.41 	agencies within the county that have a
32.42 	high concentration of off-highway
32.43 	vehicle use.  Of this appropriation,
32.44 	$25,000 each year is for administration
32.45 	of these grants.
32.46 	$200,000 the first year and $200,000
32.47 	the second year are from the natural
32.48 	resources fund for an off-highway
32.49 	vehicle safety and conservation grant
32.50 	program.  Of this amount, $180,000 each
32.51 	year is from the all-terrain vehicle
32.52 	account; $10,000 each year is from the
32.53 	off-highway motorcycle account; and
32.54 	$10,000 each year is from the off-road
32.55 	vehicle account.  Any unencumbered
32.56 	balance does not cancel at the end of
32.57 	the first year and is available for the
32.58 	second year.
32.59 		Subd. 10.Operations Support
32.60 	10,653,000      9,150,000
32.61 	Summary by Fund
32.62 	General               4,900,000     4,900,000
33.1 	Natural Resources     2,925,000     1,325,000
33.2 	Game and Fish         2,828,000     2,925,000
33.3 	$1,600,000 is from the state land and
33.4 	water conservation account (LAWCON) in
33.5 	the natural resources fund to the
33.6 	commissioner of natural resources for
33.7 	priorities established by the
33.8 	commissioner for eligible state
33.9 	projects and administrative and
33.10 	planning activities consistent with
33.11 	Minnesota Statutes, section 116P.14,
33.12 	and the federal Land and Water
33.13 	Conservation Fund Act.  This
33.14 	appropriation is contingent upon
33.15 	receipt of the federal obligation and
33.16 	remains available until June 30, 2008,
33.17 	at which time the projects must be
33.18 	completed and final products delivered,
33.19 	unless an earlier date is specified in
33.20 	the work program.

33.21 	Sec. 4. MINNESOTA
33.22 	CONSERVATION CORPS                       490,000        490,000
 33.23 	The Minnesota Conservation Corps may
33.24 	receive money appropriated under this
33.25 	section only as provided in an
33.26 	agreement with the commissioner of
33.27 	natural resources.

33.28 	Sec. 5. BOARD OF WATER
33.29 	AND SOIL RESOURCES                    15,026,000     15,026,000
 33.30 	$4,102,000 the first year and
33.31 	$4,102,000 the second year are for
33.32 	natural resources block grants to local
33.33 	governments.
33.34 	The board may reduce the amount of the
33.35 	natural resources block grant to a
33.36 	county by an amount equal to any
33.37 	reduction in the county's general
33.38 	services allocation to a soil and water
33.39 	conservation district from the county's
33.40 	previous year allocation when the board
33.41 	determines that the reduction was
33.42 	disproportionate.
33.43 	Grants must be matched with a
33.44 	combination of local cash or in-kind
33.45 	contributions.  The base grant portion
33.46 	related to water planning must be
33.47 	matched by an amount that would be
33.48 	raised by a levy under Minnesota
33.49 	Statutes, section 103B.3369.
33.50 	$3,566,000 the first year and
33.51 	$3,566,000 the second year are for
33.52 	grants to soil and water conservation
33.53 	districts for general purposes,
33.54 	nonpoint engineering, and
33.55 	implementation of the reinvest in
33.56 	Minnesota conservation reserve
33.57 	program.  Upon approval of the board,
33.58 	expenditures may be made from these
33.59 	appropriations for supplies and
33.60 	services benefiting soil and water
33.61 	conservation districts.
34.1 	$3,285,000 the first year and
34.2 	$3,285,000 the second year are for
34.3 	grants to soil and water conservation
34.4 	districts for cost-sharing contracts
34.5 	for erosion control and water quality
34.6 	management.  Of this amount, at least
34.7 	$1,500,000 the first year and
34.8 	$1,500,000 the second year are for
34.9 	grants for cost-sharing contracts for
34.10 	water quality management on feedlots.
34.11 	Any unencumbered balance in the board's
34.12 	program of grants does not cancel at
34.13 	the end of the first year and is
34.14 	available for the second year for the
34.15 	same grant program.  This appropriation
34.16 	is available until expended.  If the
34.17 	appropriation in either year is
34.18 	insufficient, the appropriation in the
34.19 	other year is available for it.
34.20 	$100,000 the first year and $100,000
34.21 	the second year are for a grant to the
34.22 	Red River Basin Commission to develop a
34.23 	Red River basin plan and to coordinate
34.24 	water management activities in the
34.25 	states and provinces bordering the Red
34.26 	River.  The unencumbered balance in the
34.27 	first year does not cancel but is
34.28 	available for the second year.

34.29 	Sec. 6. ZOOLOGICAL BOARD              6,686,000      6,689,000
 34.30 	Summary by Fund
34.31 	General               6,557,000     6,557,000
34.32 	Natural Resources       132,000       134,000
34.33 	$132,000 the first year and $134,000
34.34 	the second year are from the natural
34.35 	resources fund from the revenue
34.36 	deposited under Minnesota Statutes,
34.37 	section 297A.94, paragraph (e), clause
34.38 	(5).  This is a onetime appropriation.

34.39 	Sec. 7. SCIENCE MUSEUM
34.40 	OF MINNESOTA                             750,000        750,000

34.41 	Sec. 8. METROPOLITAN COUNCIL          7,452,000      7,452,000
34.42 	Summary by Fund
34.43 	General                 3,300,000      3,300,000
34.44 	Natural Resources       4,152,000      4,152,000
34.45 	$3,300,000 the first year and
34.46 	$3,300,000 the second year are for
34.47 	metropolitan area regional parks
34.48 	maintenance and operations.
34.49 	$4,152,000 the first year and
34.50 	$4,152,000 the second year are from the
34.51 	natural resources fund for metropolitan
34.52 	area regional parks and trails
34.53 	maintenance and operations.  This
34.54 	appropriation is from the revenue
34.55 	deposited in the natural resources fund
34.56 	under Minnesota Statutes, section
34.57 	297A.94, paragraph (e), clause (3).

35.1 	Sec. 9. MINNESOTA FUTURE
35.2 	RESOURCES FUND
 35.3 	By June 30, 2006, and by June 30, 2007,
35.4 	the commissioner of finance shall
35.5 	transfer any remaining unappropriated
35.6 	balance from the Minnesota future
35.7 	resources fund to the general fund.

35.8 	Sec. 10. Minnesota Statutes 2004, section 16A.125,
35.9 	subdivision 5, is amended to read:
35.10 		Subd. 5.Forest trust lands. (a) The term "state forest
35.11 	trust fund lands" as used in this subdivision, means public land
35.12 	in trust under the Constitution set apart as "forest lands under
35.13 	the authority of the commissioner" of natural resources as
35.14 	defined by section 89.001, subdivision 13.
35.15 	(b) The commissioner of finance shall credit the revenue
35.16 	from the forest trust fund lands to the forest suspense
35.17 	account.  The account must specify the trust funds interested in
35.18 	the lands and the respective receipts of the lands.
35.19 	(c) After a fiscal year, the commissioner of finance shall
35.20 	certify the total costs incurred for forestry during that year
35.21 	under appropriations for the protection, improvement,
35.22 	administration, and management of state forest trust fund lands
35.23 	and construction and improvement of forest roads to enhance the
35.24 	forest value of the lands.  The certificate must specify the
35.25 	trust funds interested in the lands.  The commissioner of
35.26 	natural resources shall supply the commissioner of finance with
35.27 	the information needed for the certificate.
35.28 	(d) After a fiscal year, the commissioner shall distribute
35.29 	the receipts credited to the suspense account during that fiscal
35.30 	year as follows:
35.31 	~~(a)~~ (1) the amount of the certified costs incurred by the
35.32 	state for forest management, forest improvement, and road
35.33 	improvement during the fiscal year shall be transferred to
35.34 	the ~~general fund.~~forest management investment account
35.35 	established under section 89.039;
35.36 	(2) the balance of the certified costs incurred by the
35.37 	state during the fiscal year shall be transferred to the general
35.38 	fund; and 
36.1 	~~(b)~~ (3) the balance of the receipts shall then be returned
36.2 	prorated to the trust funds in proportion to their respective
36.3 	interests in the lands which produced the receipts.

36.4 	Sec. 11. Minnesota Statutes 2004, section 84.631, is
36.5 	amended to read:
36.6 	84.631 ROAD EASEMENTS ACROSS STATE LANDS.
36.7 	(a) Except as provided in section 85.015, subdivision 1b,
36.8 	the commissioner, on behalf of the state, may convey a road
36.9 	easement across state land under the commissioner's jurisdiction
36.10 	other than school trust land, to a private person requesting an
36.11 	easement for access to property owned by the person only if the
36.12 	following requirements are met:  (1) there are no reasonable
36.13 	alternatives to obtain access to the property; and (2) the
36.14 	exercise of the easement will not cause significant adverse
36.15 	environmental or natural resource management impacts.
36.16 	(b) The commissioner shall:
36.17 	(1) require the applicant to pay the market value of the
36.18 	easement;
36.19 	(2) provide that the easement reverts to the state in the
36.20 	event of nonuse; and
36.21 	(3) impose other terms and conditions of use as necessary
36.22 	and appropriate under the circumstances.
36.23 	(c) An applicant shall submit a fee of $2,000 with each
36.24 	application for a road easement across state land.  The
36.25 	application fee is nonrefundable, even if the application is
36.26 	withdrawn or denied.
36.27 	(d) Fees collected under paragraph (c) must be deposited in
36.28 	the land management account in the natural resources fund.

36.29 	Sec. 12. [84.785] OFF-HIGHWAY VEHICLE SAFETY AND
36.30 	CONSERVATION GRANT PROGRAM.
36.31 		Subdivision 1.Creation. The commissioner of natural
36.32 	resources shall establish an off-highway vehicle safety and
36.33 	conservation grant program to make grants to organizations that
36.34 	meet the eligibility requirements under subdivision 3.
36.35 		Subd. 2.Purpose. The purpose of the off-highway vehicle
36.36 	safety and conservation grant program is to encourage
37.1 	off-highway vehicle clubs to assist in safety training;
37.2 	environmental education; and improving, maintaining, and
37.3 	monitoring public trails.  This section does not grant law
37.4 	enforcement authority.
37.5 		Subd. 3.Eligibility. To be eligible for a grant under
37.6 	this section, an organization must:
37.7 	(1) be a statewide, nonprofit organization that promotes
37.8 	the operation of off-highway vehicles in a manner that is safe
37.9 	and responsible;
37.10 	(2) support the safe operation of off-highway vehicles in a
37.11 	manner that does not conflict with the laws and rules that
37.12 	relate to the operation of off-highway vehicles;
37.13 	(3) have an interest in the safe, lawful, and responsible
37.14 	operation of off-highway vehicles;
37.15 	(4) be governed by a board of directors that has a majority
37.16 	of members who are representatives of off-highway vehicle clubs;
37.17 	and 
37.18 	(5) provide support to off-highway vehicle clubs.
37.19 		Subd. 4.Use of grant. An organization receiving a grant
37.20 	under this section shall use the grant money to promote and
37.21 	provide support to the Department of Natural Resources by:
37.22 	(1) training volunteers to assist in improving,
37.23 	maintaining, and monitoring public trails and other public
37.24 	lands;
37.25 	(2) providing assistance to the department in locating,
37.26 	recruiting, and training instructors;
37.27 	(3) publishing a manual in cooperation with the
37.28 	commissioner to be used to train volunteers in monitoring the
37.29 	operation of off-highway vehicles for safety, environmental, and
37.30 	other issues that relate to the responsible operation of
37.31 	off-highway vehicles;
37.32 	(4) collecting data on the operation of off-highway
37.33 	vehicles in the state; and 
37.34 	(5) publishing an annual report outlining accomplishments
37.35 	and annual costs related to the efforts under this subdivision.
37.36 	The report must be approved by the commissioner.
38.1 		Subd. 5.Volunteer status. Volunteers of the nonprofit
38.2 	organization and any volunteers under this section are not
38.3 	volunteers for purposes of section 84.089.
38.4 		Subd. 6.Worker displacement prohibited. The
38.5 	commissioner may not enter into any agreement that has the
38.6 	purpose of or results in the displacement of public employees by
38.7 	volunteers participating in the off-highway vehicle safety and
38.8 	conservation grant program under this section.  The commissioner
38.9 	must certify to the appropriate bargaining agent that the work
38.10 	performed by a volunteer will not result in the displacement of
38.11 	currently employed workers or workers on seasonal layoff or
38.12 	layoff from a substantially equivalent position, including
38.13 	partial displacement such as reduction in hours of nonovertime
38.14 	work, wages, or other employment benefits.

38.15 	Sec. 13. [84.976] RIPARIAN LAND ENHANCEMENT ACCOUNT.
38.16 	The riparian land enhancement account is created as an
38.17 	account in the natural resources fund.  Interest accruing from
38.18 	investment of the account must be credited to the account.

38.19 	Sec. 14. Minnesota Statutes 2004, section 85.052,
38.20 	subdivision 4, is amended to read:
38.21 		Subd. 4.Deposit of fees.  (a) Fees paid for providing
38.22 	contracted products and services within a state park, state
38.23 	recreation area, or wayside~~,~~and for special state park uses
38.24 	under this section shall be deposited in the natural resources
38.25 	fund and credited to a state parks account. Money in the
38.26 	account is annually appropriated to the commissioner to operate
38.27 	and maintain the state park system.
38.28 	(b) Gross receipts derived from sales, rentals, or leases
38.29 	of natural resources within state parks, recreation areas, and
38.30 	waysides, other than those on trust fund lands, must be
38.31 	deposited in the state treasury and credited to the general fund.

38.32 	Sec. 15. Minnesota Statutes 2004, section 85.055, is
38.33 	amended by adding a subdivision to read:
38.34 		Subd. 1b.Discounts. Except as otherwise specified in
38.35 	law, and notwithstanding section 16A.1285, subdivision 2, the
38.36 	commissioner may by written order authorize waiver or reduction
39.1 	of state park entrance fees.

39.2 	Sec. 16. Minnesota Statutes 2004, section 85.055,
39.3 	subdivision 2, is amended to read:
39.4 		Subd. 2.Fee deposit and appropriation.  The fees
39.5 	collected under this section shall be deposited in the natural
39.6 	resources fund and credited to a state parks account. Money in
39.7 	the account is annually appropriated to the commissioner to
39.8 	operate and maintain the state park system.

39.9 	Sec. 17. Minnesota Statutes 2004, section 85.42, is
39.10 	amended to read:
39.11 	85.42 USER FEE; VALIDITY.
39.12 	(a) The fee for an annual cross-country ski pass is ~~$9~~ $14 
39.13 	for an individual age 16 and over.  The fee for a three-year
39.14 	pass is ~~$24~~ $39 for an individual age 16 and over.  This fee
39.15 	shall be collected at the time the pass is purchased.
39.16 	Three-year passes are valid for three years beginning the
39.17 	previous July 1.  Annual passes are valid for one year beginning
39.18 	the previous July 1.
39.19 	(b) The cost for a daily cross-country skier pass is ~~$2~~ $4 
39.20 	for an individual age 16 and over.  This fee shall be collected
39.21 	at the time the pass is purchased.  The daily pass is valid only
39.22 	for the date designated on the pass form.
39.23 	(c) A pass must be signed by the skier across the front of
39.24 	the pass to be valid and becomes nontransferable on signing.

39.25 	Sec. 18. Minnesota Statutes 2004, section 89.039,
39.26 	subdivision 1, is amended to read:
39.27 		Subdivision 1.Account established; sources.  The forest
39.28 	management investment account is created in the natural
39.29 	resources fund in the state treasury and money in the account
39.30 	may be spent only for the purposes provided in subdivision 2.
39.31 	The following revenue shall be deposited in the forest
39.32 	management investment account:
39.33 	(1) timber sales receipts transferred from the consolidated
39.34 	conservation areas account as provided in section 84A.51,
39.35 	subdivision 2;
39.36 	(2) timber sales receipts from forest lands as provided in
40.1 	section 89.035; ~~and~~ 
40.2 	(3) money transferred from the forest suspense account
40.3 	according to section 16A.125, subdivision 5; and 
40.4 	(4) interest accruing from investment of the account.

40.5 	Sec. 19. Minnesota Statutes 2004, section 89.37, is
40.6 	amended by adding a subdivision to read:
40.7 		Subd. 4a.Surcharge. For tree seedlings sold according
40.8 	to this section, the commissioner may assess a 2.5 cent
40.9 	surcharge on each tree seedling.  All surcharges collected under
40.10 	this subdivision must be deposited in the state treasury and
40.11 	credited to the forest nursery account and are annually
40.12 	appropriated to the commissioner for the purpose of forestry
40.13 	education and technical assistance.

40.14 	Sec. 20. [92.685] LAND MANAGEMENT ACCOUNT.
40.15 	The land management account is created in the natural
40.16 	resources fund.  Money credited to the account is appropriated
40.17 	annually to the commissioner of natural resources for the Lands
40.18 	and Minerals Division to administer the road easement program
40.19 	under section 84.631.

40.20 	Sec. 21. Minnesota Statutes 2004, section 93.22,
40.21 	subdivision 1, is amended to read:
40.22 		Subdivision 1.Generally. (a) All payments under
40.23 	sections 93.14 to 93.285 shall be made to the Department of
40.24 	Natural Resources and shall be credited according to this
40.25 	section.
40.26 	~~(a)~~ (b) Twenty percent of all payments under sections 93.14
40.27 	to 93.285 shall be credited to the minerals management account
40.28 	in the natural resources fund as costs for the administration
40.29 	and management of state mineral resources by the commissioner of
40.30 	natural resources.
40.31 	(c) The remainder of the payments shall be credited as
40.32 	follows:
40.33 	(1) if the lands or minerals and mineral rights covered by
40.34 	a lease are held by the state by virtue of an act of Congress,
40.35 	payments made under the lease shall be credited to the permanent
40.36 	fund of the class of land to which the leased premises belong~~.~~;
41.1 	~~(b)~~ (2) if a lease covers the bed of navigable waters,
41.2 	payments made under the lease shall be credited to the permanent
41.3 	school fund of the state~~.~~;
41.4 	~~(c)~~ (3) if the lands or minerals and mineral rights covered
41.5 	by a lease are held by the state in trust for the taxing
41.6 	districts, payments made under the lease shall be distributed
41.7 	annually on the first day of September ~~as follows:~~
41.8 	~~(1) 20 percent to the general fund; and~~ 
41.9 	~~(2) 80 percent~~ to the respective counties in which the
41.10 	lands lie, to be apportioned among the taxing districts
41.11 	interested therein as follows:  county, three-ninths; town or
41.12 	city, two-ninths; and school district, four-ninths~~.~~;
41.13 	(4) if the lands or mineral rights covered by a lease
41.14 	became the absolute property of the state under the provisions
41.15 	of chapter 84A, payments made under the lease shall be
41.16 	distributed as follows:  county containing the land from which
41.17 	the income was derived, five-eighths; and general fund of the
41.18 	state, three-eighths; and 
41.19 	~~(d)~~ (5) Except as provided under this section and except
41.20 	where the disposition of payments may be otherwise directed by
41.21 	law, ~~all~~ payments made under a lease shall be paid into the
41.22 	general fund of the state.

41.23 	Sec. 22. [93.2236] MINERALS MANAGEMENT ACCOUNT.
41.24 	(a) The minerals management account is created as an
41.25 	account in the natural resources fund.  Interest earned on money
41.26 	in the account accrues to the account.  Money in the account may
41.27 	be spent or distributed only as provided in paragraphs (b) and
41.28 	(c).
41.29 	(b) If the balance in the minerals management account
41.30 	exceeds $3,000,000 on June 30, the amount exceeding $3,000,000
41.31 	must be distributed to the permanent school fund and the
41.32 	permanent university fund.  The amount distributed to each fund
41.33 	must be in the same proportion as the total mineral lease
41.34 	revenue received in the previous biennium from school trust
41.35 	lands and university lands.
41.36 	(c) Subject to appropriation by the legislature, money in
42.1 	the minerals management account may be spent by the commissioner
42.2 	of natural resources for mineral resource management and
42.3 	projects to enhance future mineral income and promote new
42.4 	mineral resource opportunities.

42.5 	Sec. 23. Minnesota Statutes 2004, section 97A.071,
42.6 	subdivision 2, is amended to read:
42.7 		Subd. 2.Revenue from small game license surcharge and
42.8 	lifetime licenses.  Revenue from the small game surcharge and
42.9 	$6.50 annually from the lifetime fish and wildlife trust fund,
42.10 	established in section 97A.4742, for each license issued under
42.11 	sections 97A.473, subdivisions 3 and 5, and 97A.474, subdivision
42.12 	3, shall be credited to the wildlife acquisition account and the
42.13 	money in the account ~~shall be used by~~ is annually appropriated
42.14 	to the commissioner only for the purposes of this section, and
42.15 	acquisition and development of wildlife lands under section
42.16 	97A.145 and maintenance of the lands~~, in accordance with~~
42.17 	~~appropriations made by the legislature~~.

42.18 	Sec. 24. Minnesota Statutes 2004, section 97A.075, is
42.19 	amended to read:
42.20 	97A.075 USE OF LICENSE REVENUES.
42.21 		Subdivision 1.Deer, bear, and lifetime licenses. (a)
42.22 	For purposes of this subdivision, "deer license" means a license
42.23 	issued under section 97A.475, subdivisions 2, clauses (4), (5),
42.24 	(9), (11), (13), and (14), and 3, clauses (2), (3), and (7), and
42.25 	licenses issued under section 97B.301, subdivision 4.
42.26 	(b) ~~At least~~ $2 from each annual deer license and $2
42.27 	annually from the lifetime fish and wildlife trust fund,
42.28 	established in section 97A.4742, for each license issued under
42.29 	section 97A.473, subdivision 4, ~~shall be used~~ are annually
42.30 	appropriated to the commissioner for deer habitat improvement or
42.31 	deer management programs.
42.32 	(c) ~~At least~~ $1 from each annual deer license and each bear
42.33 	license and $1 annually from the lifetime fish and wildlife
42.34 	trust fund, established in section 97A.4742, for each license
42.35 	issued under section 97A.473, subdivision 4, ~~shall be used~~ are
42.36 	annually appropriated to the commissioner for deer and bear
43.1 	management programs, including a computerized licensing system.
43.2 	Fifty cents from each deer license is appropriated for emergency
43.3 	deer feeding and wild cervidae health management.  Money
43.4 	appropriated for emergency deer feeding and wild cervidae health
43.5 	management is available until expended.  When the unencumbered
43.6 	balance in the appropriation for emergency deer feeding and wild
43.7 	cervidae health management at the end of a fiscal year exceeds
43.8 	$2,500,000 for the first time, $750,000 is canceled to the
43.9 	unappropriated balance of the game and fish fund.  The
43.10 	commissioner must inform the legislative chairs of the natural
43.11 	resources finance committees every two years on how the money
43.12 	for emergency deer feeding and wild cervidae health management
43.13 	has been spent.
43.14 	Thereafter, when the unencumbered balance in the
43.15 	appropriation for emergency deer feeding and wild cervidae
43.16 	health management exceeds $2,500,000 at the end of a fiscal
43.17 	year, the unencumbered balance in excess of $2,500,000 is
43.18 	canceled and available for deer and bear management programs and
43.19 	computerized licensing.
43.20 		Subd. 2.Minnesota migratory waterfowl stamp. (a) Ninety
43.21 	percent of the revenue from the Minnesota migratory waterfowl
43.22 	stamps must be credited to the waterfowl habitat improvement
43.23 	account.  Money in the account ~~may be used~~ is annually
43.24 	appropriated to the commissioner only for:
43.25 	(1) development of wetlands and lakes in the state and
43.26 	designated waterfowl management lakes for maximum migratory
43.27 	waterfowl production including habitat evaluation, the
43.28 	construction of dikes, water control structures and
43.29 	impoundments, nest cover, rough fish barriers, acquisition of
43.30 	sites and facilities necessary for development and management of
43.31 	existing migratory waterfowl habitat and the designation of
43.32 	waters under section 97A.101;
43.33 	(2) management of migratory waterfowl;
43.34 	(3) development, restoration, maintenance, or preservation
43.35 	of migratory waterfowl habitat;
43.36 	(4) acquisition of and access to structure sites; and
44.1 	(5) the promotion of waterfowl habitat development and
44.2 	maintenance, including promotion and evaluation of government
44.3 	farm program benefits for waterfowl habitat.
44.4 	(b) Money in the account may not be used for costs unless
44.5 	they are directly related to a specific parcel of land or body
44.6 	of water under paragraph (a), clause (1), (3), (4), or (5), or
44.7 	to specific management activities under paragraph (a), clause
44.8 	(2).
44.9 		Subd. 3.Trout and salmon stamp. (a) Ninety percent of
44.10 	the revenue from trout and salmon stamps must be credited to the
44.11 	trout and salmon management account.  Money in the account ~~may~~
44.12 	~~be used~~ is annually appropriated to the commissioner only for:
44.13 	(1) the development, restoration, maintenance, improvement,
44.14 	protection,and preservation of habitat for trout and salmon in 
44.15 	trout streams and lakes, including, but not limited to,
44.16 	evaluating habitat; stabilizing eroding stream banks; adding
44.17 	fish cover; modifying stream channels; managing vegetation to
44.18 	protect, shade, or reduce runoff on stream banks; and purchasing
44.19 	equipment to accomplish these tasks;
44.20 	(2) rearing ~~of~~ trout and salmon ~~and~~ , including utility and
44.21 	service costs associated with coldwater hatchery buildings and
44.22 	systems;stocking ~~of~~ trout and salmon in streams and lakes and
44.23 	Lake Superior; and monitoring and evaluating stocked trout and
44.24 	salmon;
44.25 	(3) acquisition of easements and fee title along trout
44.26 	waters;
44.27 	(4) identifying easement and fee title areas along trout
44.28 	waters; and
44.29 	(5) research and special management projects on trout
44.30 	streams, trout lakes, and Lake Superior and ~~the anadromous~~ 
44.31 	portions of its tributaries.
44.32 	(b) Money in the account may not be used for costs unless
44.33 	they are directly related to a specific parcel of land or body
44.34 	of water under paragraph (a) ~~or~~ ,to specific fish rearing
44.35 	activities under paragraph (a), clause (2), or for costs
44.36 	associated with supplies and equipment to implement trout and
45.1 	salmon management activities under paragraph (a).
45.2 		Subd. 4.Pheasant stamp. (a) Ninety percent of the
45.3 	revenue from pheasant stamps must be credited to the pheasant
45.4 	habitat improvement account.  Money in the account ~~may be used~~ 
45.5 	is annually appropriated to the commissioner only for:
45.6 	(1) the development, restoration, and maintenance of
45.7 	suitable habitat for ringnecked pheasants on public and private
45.8 	land including the establishment of nesting cover, winter cover,
45.9 	and reliable food sources;
45.10 	(2) reimbursement of landowners for setting aside lands for
45.11 	pheasant habitat;
45.12 	(3) reimbursement of expenditures to provide pheasant
45.13 	habitat on public and private land;
45.14 	(4) the promotion of pheasant habitat development and
45.15 	maintenance, including promotion and evaluation of government
45.16 	farm program benefits for pheasant habitat; and
45.17 	(5) the acquisition of lands suitable for pheasant habitat
45.18 	management and public hunting.
45.19 	(b) Money in the account may not be used for:
45.20 	(1) costs unless they are directly related to a specific
45.21 	parcel of land under paragraph (a), clause (1), (3), or (5), or
45.22 	to specific promotional or evaluative activities under paragraph
45.23 	(a), clause (4); or
45.24 	(2) any personnel costs, except that prior to July 1, 2009,
45.25 	personnel may be hired to provide technical and promotional
45.26 	assistance for private landowners to implement conservation
45.27 	provisions of state and federal programs.
45.28 		Subd. 5.Turkey stamps. (a) Ninety percent of the
45.29 	revenue from turkey stamps must be credited to the wild turkey
45.30 	management account.  Money in the account ~~may be used~~ is
45.31 	annually appropriated to the commissioner only for:
45.32 	(1) the development, restoration, and maintenance of
45.33 	suitable habitat for wild turkeys on public and private land
45.34 	including forest stand improvement and establishment of nesting
45.35 	cover, winter roost area, and reliable food sources;
45.36 	(2) acquisitions of, or easements on, critical wild turkey
46.1 	habitat;
46.2 	(3) reimbursement of expenditures to provide wild turkey
46.3 	habitat on public and private land;
46.4 	(4) trapping and transplantation of wild turkeys; and
46.5 	(5) the promotion of turkey habitat development and
46.6 	maintenance, population surveys and monitoring, and research.
46.7 	(b) Money in the account may not be used for:
46.8 	(1) costs unless they are directly related to a specific
46.9 	parcel of land under paragraph (a), clauses (1) to (3), a
46.10 	specific trap and transplant project under paragraph (a), clause
46.11 	(4), or to specific promotional or evaluative activities under
46.12 	paragraph (a), clause (5); or
46.13 	(2) any permanent personnel costs.

46.14 	Sec. 25. Minnesota Statutes 2004, section 103G.271,
46.15 	subdivision 6, is amended to read:
46.16 		Subd. 6.Water use permit processing fee.  (a) Except as
46.17 	described in paragraphs (b) to (f), a water use permit
46.18 	processing fee must be prescribed by the commissioner in
46.19 	accordance with the schedule of fees in this subdivision for
46.20 	each water use permit in force at any time during the year.  The
46.21 	schedule is as follows, with the stated fee in each clause
46.22 	applied to the total amount appropriated:
46.23 	(1) $101 for amounts not exceeding 50,000,000 gallons per
46.24 	year;
46.25 	(2) $3 per 1,000,000 gallons for amounts greater than
46.26 	50,000,000 gallons but less than 100,000,000 gallons per year;
46.27 	(3) $3.50 per 1,000,000 gallons for amounts greater than
46.28 	100,000,000 gallons but less than 150,000,000 gallons per year;
46.29 	(4) $4 per 1,000,000 gallons for amounts greater than
46.30 	150,000,000 gallons but less than 200,000,000 gallons per year;
46.31 	(5) $4.50 per 1,000,000 gallons for amounts greater than
46.32 	200,000,000 gallons but less than 250,000,000 gallons per year;
46.33 	(6) $5 per 1,000,000 gallons for amounts greater than
46.34 	250,000,000 gallons but less than 300,000,000 gallons per year;
46.35 	(7) $5.50 per 1,000,000 gallons for amounts greater than
46.36 	300,000,000 gallons but less than 350,000,000 gallons per year;
47.1 	(8) $6 per 1,000,000 gallons for amounts greater than
47.2 	350,000,000 gallons but less than 400,000,000 gallons per year;
47.3 	(9) $6.50 per 1,000,000 gallons for amounts greater than
47.4 	400,000,000 gallons but less than 450,000,000 gallons per year;
47.5 	(10) $7 per 1,000,000 gallons for amounts greater than
47.6 	450,000,000 gallons but less than 500,000,000 gallons per year;
47.7 	and
47.8 	(11) $7.50 per 1,000,000 gallons for amounts greater than
47.9 	500,000,000 gallons per year.
47.10 	(b) For once-through cooling systems, a water use
47.11 	processing fee must be prescribed by the commissioner in
47.12 	accordance with the following schedule of fees for each water
47.13 	use permit in force at any time during the year:
47.14 	(1) for nonprofit corporations and school districts, $150
47.15 	per 1,000,000 gallons; and
47.16 	(2) for all other users, ~~$200~~ $300 per 1,000,000 gallons.
47.17 	(c) The fee is payable based on the amount of water
47.18 	appropriated during the year and, except as provided in
47.19 	paragraph (f), the minimum fee is $100.
47.20 	(d) For water use processing fees other than once-through
47.21 	cooling systems:
47.22 	(1) the fee for a city of the first class may not exceed
47.23 	$250,000 per year;
47.24 	(2) the fee for other entities for any permitted use may
47.25 	not exceed:
47.26 	(i) $50,000 per year for an entity holding three or fewer
47.27 	permits;
47.28 	(ii) $75,000 per year for an entity holding four or five
47.29 	permits;
47.30 	(iii) $250,000 per year for an entity holding more than
47.31 	five permits;
47.32 	(3) the fee for agricultural irrigation may not exceed $750
47.33 	per year;
47.34 	(4) the fee for a municipality that furnishes electric
47.35 	service and cogenerates steam for home heating may not exceed
47.36 	$10,000 for its permit for water use related to the cogeneration
48.1 	of electricity and steam; and
48.2 	(5) no fee is required for a project involving the
48.3 	appropriation of surface water to prevent flood damage or to
48.4 	remove flood waters during a period of flooding, as determined
48.5 	by the commissioner.
48.6 	(e) Failure to pay the fee is sufficient cause for revoking
48.7 	a permit.  A penalty of two percent per month calculated from
48.8 	the original due date must be imposed on the unpaid balance of
48.9 	fees remaining 30 days after the sending of a second notice of
48.10 	fees due.  A fee may not be imposed on an agency, as defined in
48.11 	section 16B.01, subdivision 2, or federal governmental agency
48.12 	holding a water appropriation permit.
48.13 	(f) ~~The minimum water use processing fee for a permit~~
48.14 	~~issued for irrigation of agricultural land is $20 for years in~~
48.15 	~~which:~~
48.16 	~~(1) there is no appropriation of water under the permit; or~~ 
48.17 	~~(2) the permit is suspended for more than seven consecutive~~
48.18 	~~days between May 1 and October 1.~~A surcharge of $20 per
48.19 	million gallons in addition to the fee prescribed in paragraph
48.20 	(a) shall be applied to the volume of water used in June, July,
48.21 	and August that exceeds the volume of water used in January for
48.22 	municipal water use, irrigation of golf courses, and landscape
48.23 	irrigation.

48.24 	Sec. 26. Minnesota Statutes 2004, section 103G.301,
48.25 	subdivision 2, is amended to read:
48.26 		Subd. 2.Permit application fees.  (a) An application for
48.27 	a permit authorized under this chapter, and each request to
48.28 	amend or transfer an existing permit, must be accompanied by a
48.29 	permit application fee to defray the costs of receiving,
48.30 	recording, and processing the application or request to amend or
48.31 	transfer.
48.32 	(b) The fee to apply for a permit to appropriate water, a
48.33 	permit to construct or repair a dam that is subject to dam
48.34 	safety inspection, or a state general permit or to apply for the
48.35 	state water bank program is ~~$75~~ $150.  The application fee for a
48.36 	permit to work in public waters or to divert waters for mining
49.1 	must be at least ~~$75~~ $150, but not more than ~~$500~~ $1,000,
49.2 	according to a schedule of fees adopted under section 16A.1285.

49.3 	Sec. 27. Minnesota Statutes 2004, section 103I.681,
49.4 	subdivision 11, is amended to read:
49.5 		Subd. 11.Permit fee schedule.  (a) The commissioner of
49.6 	natural resources shall adopt a permit fee schedule under
49.7 	chapter 14.  The schedule may provide minimum fees for various
49.8 	classes of permits, and additional fees, which may be imposed
49.9 	subsequent to the application, based on the cost of receiving,
49.10 	processing, analyzing, and issuing the permit, and the actual
49.11 	inspecting and monitoring of the activities authorized by the
49.12 	permit, including costs of consulting services.
49.13 	(b) A fee may not be imposed on a state or federal
49.14 	governmental agency applying for a permit.
49.15 	(c) The fee schedule may provide for the refund of a fee,
49.16 	in whole or in part, under circumstances prescribed by the
49.17 	commissioner of natural resources. ~~Permit~~ Fees received must be
49.18 	deposited in the state treasury and credited to the general
49.19 	fund. ~~The amount of money necessary to pay the refunds is~~ 
49.20 	Permit fees received are appropriated annually from the general
49.21 	fund to the commissioner of natural resources for the costs of
49.22 	inspecting and monitoring the activities authorized by the
49.23 	permit, including costs of consulting services.

49.24 	Sec. 28. Minnesota Statutes 2004, section 168.1296,
49.25 	subdivision 1, is amended to read:
49.26 		Subdivision 1.General requirements and procedures.  (a)
49.27 	The registrar shall issue special critical habitat license
49.28 	plates to an applicant who:
49.29 	(1) is an owner or joint owner of a passenger automobile,
49.30 	pickup truck, ~~or~~ van, or recreational equipment;
49.31 	(2) pays a fee of $10 to cover the costs of handling and
49.32 	manufacturing the plates;
49.33 	(3) pays the registration tax required under section
49.34 	168.013;
49.35 	(4) pays the fees required under this chapter;
49.36 	(5) contributes a minimum of $30 annually to the Minnesota
50.1 	critical habitat private sector matching account established in
50.2 	section 84.943; and
50.3 	(6) complies with laws and rules governing registration and
50.4 	licensing of vehicles and drivers.
50.5 	(b) The critical habitat license application form must
50.6 	clearly indicate that the annual contribution specified under
50.7 	paragraph (a), clause (5), is a minimum contribution to receive
50.8 	the license plate and that the applicant may make an additional
50.9 	contribution to the account.

50.10 	Sec. 29. Minnesota Statutes 2004, section 282.09, is
50.11 	amended by adding a subdivision to read:
50.12 		Subd. 3.Sale of land bordering public
50.13 	waters. Notwithstanding subdivision 1, when money is generated
50.14 	from the sale of tax-forfeited land that borders public waters,
50.15 	the county auditor shall place only that portion of the money
50.16 	into the forfeited tax sale fund that is directly related to
50.17 	conducting the sale, including the costs of appraising the land,
50.18 	conducting any necessary land surveys, and work associated with
50.19 	clearing title to the land.  All remaining money received from
50.20 	the sale shall be paid into the riparian land enhancement
50.21 	account of the natural resources fund.  Money accruing and
50.22 	credited to the riparian land enhancement account under this
50.23 	subdivision is appropriated to the commissioner of natural
50.24 	resources to issue grants for improving water resources in the
50.25 	vicinity of the land that is sold.  Grant projects may include,
50.26 	but are not limited to, creation or enhancement of public water
50.27 	accesses, shoreland and aquatic habitat improvement, water
50.28 	quality improvement, or watershed enhancements that would
50.29 	directly impact water resources in proximity to the former
50.30 	tax-forfeited land.  Appropriations under this subdivision
50.31 	remain available until spent.

50.32 	Sec. 30. [477A.125] ANNUAL APPROPRIATIONS AFTER FISCAL
50.33 	YEAR 2006.
50.34 	Notwithstanding sections 477A.11 to 477A.145, in fiscal
50.35 	year 2007 and each year thereafter, the total annual payment
50.36 	shall not exceed the amount of payment made in fiscal year
51.1 	2006.  In payment fiscal year 2007 and each year thereafter,
51.2 	payments determined pursuant to sections 477A.11 to 477A.145
51.3 	shall be adjusted in the same proportion that the total
51.4 	aggregate payment made to the counties in fiscal year 2006 bears
51.5 	to the aggregate payment for all counties determined pursuant to
51.6 	sections 477A.11 to 477A.145 for the given payment year.

51.7 	Sec. 31. REPEALER.
 51.8 	Minnesota Statutes 2004, section 84.901, is repealed.

51.9 	ARTICLE 3
51.10 	ENVIRONMENTAL REORGANIZATION

51.11 	Section 1. Minnesota Statutes 2004, section 15.01, is
51.12 	amended to read:
51.13 	15.01 DEPARTMENTS OF THE STATE.
51.14 	The following agencies are designated as the departments of
51.15 	the state government:  the Department of Administration; the
51.16 	Department of Agriculture; the Department of Commerce; the
51.17 	Department of Corrections; the Department of Education; the
51.18 	Department of Employment and Economic Development; the
51.19 	Department of Environmental Protection;the Department of
51.20 	Finance; the Department of Health; the Department of Human
51.21 	Rights; the Department of Labor and Industry; the Department of
51.22 	Military Affairs; the Department of Natural Resources; the
51.23 	Department of Employee Relations; the Department of Public
51.24 	Safety; the Department of Human Services; the Department of
51.25 	Revenue; the Department of Transportation; the Department of
51.26 	Veterans Affairs; and their successor departments.

51.27 	Sec. 2. Minnesota Statutes 2004, section 115A.06,
51.28 	subdivision 5, is amended to read:
51.29 		Subd. 5.Right of access.  Whenever the ~~office or the~~
51.30 	~~director acting on behalf of the office~~ commissioner deems it
51.31 	necessary to the accomplishment of ~~its~~ department purposes, the
51.32 	~~office~~ commissioner or any member, employee, or agent ~~thereof~~ of
51.33 	the department, when authorized by ~~it or~~ the ~~director~~ 
51.34 	commissioner, may enter upon any property, public or private,
51.35 	for the purpose of obtaining information or conducting surveys
51.36 	or investigations, provided that the entrance and activity is
52.1 	undertaken after reasonable notice and during normal business
52.2 	hours and provided that compensation is made for any damages to
52.3 	the property caused by the entrance and activity.  The ~~office~~ 
52.4 	commissioner may pay a reasonable estimate of the damages ~~it~~ the
52.5 	commissioner believes will be caused by the entrance and
52.6 	activity before entering any property.

52.7 	Sec. 3. Minnesota Statutes 2004, section 115A.07,
52.8 	subdivision 1, is amended to read:
52.9 		Subdivision 1.Interagency coordination.  The ~~director~~ 
52.10 	commissioner shall inform the commissioner of employment and
52.11 	economic development of the ~~office's~~ department's activities~~,~~
52.12 	~~solicit the advice and recommendations of the agency, and~~
52.13 	~~coordinate its work with the regulatory and enforcement~~
52.14 	~~activities of the agency~~.

52.15 	Sec. 4. Minnesota Statutes 2004, section 115A.15,
52.16 	subdivision 7, is amended to read:
52.17 		Subd. 7.Waste reduction procurement model.  To reduce
52.18 	the amount of solid waste generated by the state and to provide
52.19 	a model for other public and private procurement systems, the
52.20 	commissioner~~, in cooperation with the director of the Office of~~
52.21 	~~Waste Management,~~shall ~~develop~~ continue to implement waste
52.22 	reduction procurement programs, including an expanded life cycle
52.23 	costing system for procurement of durable and repairable
52.24 	items ~~by November 1, 1991~~. ~~On implementation of the model~~
52.25 	~~procurement system,~~The commissioner~~, in cooperation with the~~
52.26 	~~director,~~shall develop and distribute informational materials
52.27 	for the purpose of promoting the procurement model to other
52.28 	public and private entities under section 115A.072, subdivision
52.29 	4.

52.30 	Sec. 5. Minnesota Statutes 2004, section 115A.38,
52.31 	subdivision 1, is amended to read:
52.32 		Subdivision 1.Reports to ~~legislative commission~~ 
52.33 	committees.  At least 30 days before making a final decision
52.34 	under section 115A.37 in a review brought pursuant to section
52.35 	115A.33, clause (d), the ~~chair of the board~~ commissioner may
52.36 	report to the legislative ~~commission~~ committees with
53.1 	jurisdiction over environment and natural resources policy and
53.2 	finance describing permit conditions or requirements being
53.3 	considered which are not within the existing authority of
53.4 	the ~~agency or the board~~ department or which would require
53.5 	legislation or public financial assistance.  In any such report
53.6 	the ~~chair of the board~~ commissioner may request intervention in
53.7 	the review pursuant to subdivisions 2 and 3.

53.8 	Sec. 6. [116.012] DEPARTMENT OF ENVIRONMENTAL PROTECTION;
53.9 	CREATION AND POWERS.
53.10 	The Department of Environmental Protection is created.  The
53.11 	responsibilities of the Office of Environmental Assistance and
53.12 	the Pollution Control Agency are transferred to the Department
53.13 	of Environmental Protection under section 15.039.  The offices
53.14 	of commissioner and members of the Environmental Protection
53.15 	Board are continuations of those offices in the Pollution
53.16 	Control Agency.  In addition to the provisions of section
53.17 	15.039, no employee in the classified service shall suffer job
53.18 	loss, have a salary reduced, or have employment benefits reduced
53.19 	as a result of the reorganization in this act.

53.20 	Sec. 7. Minnesota Statutes 2004, section 116.03,
53.21 	subdivision 1, is amended to read:
53.22 		Subdivision 1.Office.  (a) The office of commissioner of
53.23 	~~the Pollution Control Agency~~ environmental protection is created
53.24 	~~and is under the supervision and control of the commissioner,~~
53.25 	~~who~~ .  The commissioner is the chief executive officer of the
53.26 	department and is appointed by the governor under the provisions
53.27 	of section 15.06.
53.28 	(b) The commissioner may appoint a deputy commissioner and
53.29 	assistant commissioners who shall be in the unclassified service.
53.30 	(c) The commissioner shall make all decisions on behalf of
53.31 	the ~~agency~~ department that are not required to be made by the
53.32 	~~agency~~ board under section 116.02.

53.33 	Sec. 8. Minnesota Statutes 2004, section 116.07,
53.34 	subdivision 4b, is amended to read:
53.35 		Subd. 4b.Permits; hazardous waste facilities.  (a) ~~The~~
53.36 	~~agency shall provide to the Office of Environmental Assistance~~
54.1 	~~established in section 115A.055, copies of each permit~~
54.2 	~~application for a hazardous waste facility immediately upon its~~
54.3 	~~submittal to the agency.  The agency shall request~~
54.4 	~~recommendations on each permit application from the office and~~
54.5 	~~shall consult with the office on the agency's intended~~
54.6 	~~disposition of the recommendations.~~Except as otherwise
54.7 	provided in sections 115A.18 to 115A.30, the ~~agency~~ department 
54.8 	shall commence any environmental review required under chapter
54.9 	116D within 120 days of its acceptance of a completed permit
54.10 	application.  The ~~agency~~ department shall respond to a permit
54.11 	application for a hazardous waste facility within 120 days
54.12 	following a decision not to prepare environmental documents or
54.13 	following the acceptance of a negative declaration notice or an
54.14 	environmental impact statement.  Except as otherwise provided in
54.15 	sections 115A.18 to 115A.30, within 60 days following the
54.16 	submission of a final permit application for a hazardous waste
54.17 	facility, unless a time extension is agreed to by the applicant,
54.18 	the ~~agency~~ department shall issue or deny all permits needed for
54.19 	the construction of the proposed facility.
54.20 	(b) The ~~agency~~ department shall promulgate rules pursuant
54.21 	to chapter 14 for all hazardous waste facilities.  The rules
54.22 	shall require:
54.23 	(1) contingency plans for all hazardous waste facilities
54.24 	which provide for effective containment and control in any
54.25 	emergency condition;
54.26 	(2) the establishment of a mechanism to assure that money
54.27 	to cover the costs of closure and postclosure monitoring and
54.28 	maintenance of hazardous waste facilities will be available;
54.29 	(3) the maintenance of liability insurance by the owner or
54.30 	operator of hazardous waste facilities during the operating life
54.31 	of the facility.

54.32 	Sec. 9. Minnesota Statutes 2004, section 297H.13,
54.33 	subdivision 2, is amended to read:
54.34 		Subd. 2.Allocation of revenues.  (a)
54.35 	~~$22,000,000~~ $33,760,000, or ~~50~~ 70 percent, whichever is greater,
54.36 	of the amounts remitted under this chapter must be credited to
55.1 	the environmental fund established in section 16A.531,
55.2 	subdivision 1.
55.3 	(b) The remainder must be deposited into the general fund.

55.4 	Sec. 10. Minnesota Statutes 2004, section 473.846, is
55.5 	amended to read:
55.6 	473.846 REPORT TO LEGISLATURE.
55.7 	The ~~agency and the director~~ commissioner shall submit to
55.8 	the senate ~~Finance Committee, the house Ways and Means~~
55.9 	~~Committee, and the Environment and Natural Resources Committees~~
55.10 	~~of the senate~~ and house of representatives~~, the Finance Division~~
55.11 	~~of the senate Committee on~~ committees with jurisdiction over 
55.12 	environment and natural resources~~, and the house of~~
55.13 	~~representatives Committee on Environment and Natural~~
55.14 	~~Resources~~ policy and finance separate reports describing the
55.15 	activities for which money for landfill abatement has been spent
55.16 	under sections 473.844 and 473.845.  The ~~agency~~ commissioner 
55.17 	shall report by November 1 of each year on expenditures during
55.18 	its previous fiscal year. ~~The director shall report on~~
55.19 	~~expenditures during the previous calendar year and must~~
55.20 	~~incorporate its report in the report required by section~~
55.21 	~~115A.411, due July 1 of each odd-numbered year.~~The
55.22 	~~director~~ commissioner shall make recommendations to the
55.23 	~~Environment and Natural Resources~~ legislative committees ~~of the~~
55.24 	~~senate and house of representatives, the Finance Division of the~~
55.25 	~~senate Committee on Environment and Natural Resources, and the~~
55.26 	~~house of representatives Committee on Environment and Natural~~
55.27 	~~Resources Finance~~ on the future management and use of the
55.28 	metropolitan landfill abatement account.

55.29 	Sec. 11. REVISOR'S INSTRUCTION.
 55.30 	Except as otherwise provided in this article, the revisor
55.31 	shall make the following changes, with appropriate grammatical
55.32 	corrections, in Minnesota Statutes and Minnesota Rules:
55.33 	(1) delete references to the Pollution Control Agency or
55.34 	its commissioner or the Office of Environmental Assistance or
55.35 	its director and insert references to the Department of
55.36 	Environmental Protection or its commissioner;
56.1 	(2) delete references to the Pollution Control Agency where
56.2 	it means the Pollution Control Agency Board and insert
56.3 	references to the board;
56.4 	(3) delete language that is made superfluous by the merger
56.5 	of the agency and the office;
56.6 	(4) in Minnesota Statutes, chapters 115A to 116, delete
56.7 	references to obsolete names of committees in the senate and
56.8 	house of representatives and insert generic references to
56.9 	committees with jurisdiction over the specified areas of
56.10 	governance; and 
56.11 	(5) in Minnesota Statutes, chapters 115A to 116, delete
56.12 	obsolete references to reports required to be submitted to the
56.13 	legislature.

56.14 	Sec. 12. REPEALER.
 56.15 	Minnesota Statutes 2004, sections 115A.03, subdivisions 8a
56.16 	and 22a; 115A.055, subdivision 1; 115A.158, subdivision 3;
56.17 	115D.03, subdivision 4; 116.02, subdivision 5; 116.04; and
56.18 	473.801, subdivision 6, are repealed.

56.19 	ARTICLE 4
56.20 	JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS

56.21 	Section 1. JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS.
 56.22 	The sums shown in the columns marked "APPROPRIATIONS" are
56.23 	appropriated from the general fund, or another named fund, to
56.24 	the agencies and for the purposes specified in this article, to
56.25 	be available for the fiscal years indicated for each purpose.
56.26 	The figures "2006" and "2007," where used in this article, mean
56.27 	that the appropriation or appropriations listed under them are
56.28 	available for the fiscal year ending June 30, 2006, or June 30,
56.29 	2007, respectively.  The term "first year" means the fiscal year
56.30 	ending June 30, 2006, and the term "second year" means the
56.31 	fiscal year ending June 30, 2007.
56.32 	SUMMARY BY FUND
56.33 	2006          2007           TOTAL
56.34 	General            $  137,501,000 $  138,374,000 $  275,875,000
56.35 	Workforce
56.36 	Development             8,270,000      8,270,000     16,540,000
57.1 	Remediation               700,000        700,000      1,400,000
57.2 	Petroleum Tank
57.3 	Cleanup                 1,084,000      1,084,000      2,168,000
57.4 	Workers'
57.5 	Compensation           21,725,000     21,725,000     43,450,000
57.6 	TOTAL              $  169,280,000 $  170,153,000 $  339,433,000
57.7 	APPROPRIATIONS
57.8 	                                       Available for the Year
57.9 	                                           Ending June 30
57.10 	                                          2006         2007

57.11 	Sec. 2. EMPLOYMENT AND
57.12 	ECONOMIC DEVELOPMENT
 57.13 		Subdivision 1.Total
57.14 	Appropriation                     $   45,948,000 $   45,948,000
57.15 	Summary by Fund
57.16 	General              37,428,000    37,428,000
57.17 	Remediation             700,000       700,000
57.18 	Workforce
57.19 	Development           7,820,000     7,820,000
57.20 	The amounts that may be spent from this
57.21 	appropriation for each program are
57.22 	specified in the following subdivisions.
57.23 		Subd. 2.Business and
57.24 	Community Development                  7,651,000      7,651,000
57.25 	Summary by Fund
57.26 	General               6,951,000     6,951,000
57.27 	Remediation             700,000       700,000
57.28 	(a)(1) $150,000 the first year and
57.29 	$150,000 the second year are from the
57.30 	general fund for a grant under
57.31 	Minnesota Statutes, section 116J.421,
57.32 	to the Rural Policy and Development
57.33 	Center at Minnesota State University.
57.34 	The grant shall be used for research
57.35 	and policy analysis on emerging
57.36 	economic and social issues in rural
57.37 	Minnesota, to serve as a policy
57.38 	resource center for rural Minnesota
57.39 	communities, to encourage collaboration
57.40 	across higher education institutions to
57.41 	provide interdisciplinary team
57.42 	approaches to research and
57.43 	problem-solving in rural communities,
57.44 	and to administer overall operations of
57.45 	the center.
57.46 	(2) The grant shall be provided upon
57.47 	the condition that each
57.48 	state-appropriated dollar be matched
57.49 	with a nonstate dollar.  Acceptable
57.50 	matching funds are nonstate
57.51 	contributions that the center has
57.52 	received and have not been used to
57.53 	match previous state grants.  Any funds
57.54 	not spent the first year are available
58.1 	the second year.
58.2 	(b) $100,000 the first year and
58.3 	$100,000 the second year are from the
58.4 	general fund for a grant to the
58.5 	Metropolitan Economic Development
58.6 	Association for continuing minority
58.7 	business development programs in the
58.8 	metropolitan area.
58.9 	(c) $150,000 the first year and
58.10 	$150,000 the second year are from the
58.11 	general fund for a grant to
58.12 	WomenVenture for women's business
58.13 	development programs.
58.14 	(d) $250,000 the first year and
58.15 	$250,000 the second year are from the
58.16 	general fund to establish a
58.17 	methamphetamine laboratory cleanup
58.18 	revolving loan fund pursuant to
58.19 	proposed legislation.  This is a
58.20 	onetime appropriation.  These funds are
58.21 	available until spent.
58.22 		Subd. 3.Workforce Partnerships       7,910,000      7,910,000
58.23 	Summary by Fund
58.24 	General               7,035,000     7,035,000
58.25 	Workforce
58.26 	Development             875,000       875,000
58.27 	(a) $6,785,000 the first year and
58.28 	$6,785,000 the second year are from the
58.29 	general fund for the Minnesota job
58.30 	skills partnership program under
58.31 	Minnesota Statutes, sections 116L.01 to
58.32 	116L.17.  If the appropriation for
58.33 	either year is insufficient, the
58.34 	appropriation for the other year is
58.35 	available.  This appropriation does not
58.36 	cancel.
58.37 	(b) $250,000 the first year and
58.38 	$250,000 the second year are from the
58.39 	general fund for a grant under
58.40 	Minnesota Statutes, section 116J.8747,
58.41 	to Twin Cities RISE! to provide
58.42 	training to hard-to-train individuals.
58.43 	(c) $875,000 the first year and
58.44 	$875,000 the second year are from the
58.45 	workforce development fund for
58.46 	Opportunities Industrialization Center
58.47 	programs.
58.48 	(d) Pursuant to Laws 2003, chapter 128,
58.49 	article 10, section 11, paragraph (g),
58.50 	$550,000 the first year and $550,000
58.51 	the second year from the workforce
58.52 	development fund will be transferred to
58.53 	the general fund.
58.54 	(e) Pursuant to Laws 2001, First
58.55 	Special Session chapter 4, article 1,
58.56 	section 4, subdivision 6, as amended by
58.57 	Laws 2002, chapter 220, article 12,
58.58 	section 12, the first $2,000,000
58.59 	deposited in each year of the biennium
59.1 	into the contingent account created
59.2 	under Minnesota Statutes, section
59.3 	268.196, subdivision 3, shall be
59.4 	transferred upon deposit to the
59.5 	workforce development fund, created
59.6 	under Minnesota Statutes, section
59.7 	116L.20.  Deposits in excess of the
59.8 	$2,000,000 shall be transferred upon
59.9 	deposit to the general fund.
59.10 		Subd. 4.Workforce Services          27,110,000     27,110,000
59.11 	Summary by Fund
59.12 	General              20,165,000    20,165,000
59.13 	Workforce
59.14 	Development           6,945,000     6,945,000
59.15 	(a) $4,817,000 the first year and
59.16 	$4,817,000 the second year are from the
59.17 	general fund and $6,920,000 the first
59.18 	year and $6,920,000 the second year are
59.19 	from the workforce development fund for
59.20 	extended employment services for
59.21 	persons with severe disabilities or
59.22 	related conditions under Minnesota
59.23 	Statutes, section 268A.15.
59.24 	(b) $1,690,000 the first year and
59.25 	$1,690,000 the second year are from the
59.26 	general fund for grants under Minnesota
59.27 	Statutes, section 268A.11, for the
59.28 	eight centers for independent living.
59.29 	Money not expended the first year is
59.30 	available the second year.
59.31 	(c) $150,000 the first year and
59.32 	$150,000 the second year are from the
59.33 	general fund and $25,000 the first year
59.34 	and $25,000 the second year are from
59.35 	the workforce development fund for
59.36 	grants under Minnesota Statutes,
59.37 	section 268A.03, to Rise, Inc. for the
59.38 	Minnesota Employment Center for People
59.39 	Who are Deaf or Hard-of-Hearing.  Money
59.40 	not expended the first year is
59.41 	available the second year.
59.42 	(d) $1,000,000 the first year and
59.43 	$1,000,000 the second year are from the
59.44 	general fund for grants for programs
59.45 	that provide employment support
59.46 	services to persons with mental illness
59.47 	under Minnesota Statutes, sections
59.48 	268A.13 and 268A.14.  Up to $105,000
59.49 	each year may be used for
59.50 	administrative and salary expenses.
59.51 	(e) $4,940,000 the first year and
59.52 	$4,940,000 the second year are from the
59.53 	general fund for State Services for the
59.54 	Blind activities.
59.55 		Subd. 5.State-Funded
59.56 	Administration                         3,277,000      3,277,000

59.57 	Sec. 3. COMMERCE
 59.58 		Subdivision 1.Total
59.59 	Appropriation                         24,874,000     24,874,000
60.1 	Summary by Fund
60.2 	General              22,955,000    22,955,000
60.3 	Petroleum
60.4 	Cleanup               1,084,000     1,084,000
60.5 	Workers'
60.6 	Compensation            835,000       835,000
60.7 	The amounts that may be spent from this
60.8 	appropriation for each program are
60.9 	specified in the following subdivisions.
60.10 		Subd. 2.Financial Examinations
60.11 	5,994,000      5,994,000
60.12 		Subd. 3.Petroleum Tank Release
60.13 	Cleanup Board
60.14 	1,084,000      1,084,000
60.15 	This appropriation is from the
60.16 	petroleum tank release cleanup fund.
60.17 		Subd. 4.Administrative Services
60.18 	5,418,000      5,418,000
60.19 		Subd. 5.Market Assurance
60.20 	5,647,000      5,647,000
60.21 	Summary by Fund
60.22 	General               4,812,000     4,812,000
60.23 	Workers'
60.24 	Compensation            835,000       835,000
60.25 		Subd. 6.Energy and
60.26 	Telecommunications
60.27 	4,224,000      4,224,000
60.28 		Subd. 7.Weights and Measurement
60.29 	2,507,000      2,507,000

60.30 	Sec. 4. HOUSING FINANCE AGENCY
 60.31 		Subdivision 1.Total
60.32 	Appropriation                         28,270,000     28,270,000
60.33 	The amounts that may be spent from this
60.34 	appropriation for certain programs are
60.35 	specified in the following subdivisions.
60.36 	This appropriation is for transfer to
60.37 	the housing development fund for the
60.38 	programs specified.  Except as
60.39 	otherwise indicated, this transfer is
60.40 	part of the agency's permanent budget
60.41 	base.
60.42 		Subd. 2.Challenge Program
60.43 	$4,407,000 the first year and
60.44 	$4,407,000 the second year are for the
61.1 	economic development and housing
61.2 	challenge program under Minnesota
61.3 	Statutes, section 462A.33.
61.4 		Subd. 3.Housing Trust Fund
61.5 	$6,305,000 the first year and
61.6 	$6,305,000 the second year are for the
61.7 	housing trust fund to be deposited in
61.8 	the housing trust fund account created
61.9 	under Minnesota Statutes, section
61.10 	462A.201, and used for the purposes
61.11 	provided in that section.
61.12 		Subd. 4.Rental Assistance
61.13 	for Mentally Ill
61.14 	$1,638,000 the first year and
61.15 	$1,638,000 the second year are for a
61.16 	rental housing assistance program for
61.17 	persons with a mental illness or
61.18 	families with an adult member with a
61.19 	mental illness under Minnesota
61.20 	Statutes, section 462A.2097.
61.21 		Subd. 5.Family Homeless
61.22 	Prevention
61.23 	$3,715,000 the first year and
61.24 	$3,715,000 the second year are for
61.25 	family homeless prevention and
61.26 	assistance programs under Minnesota
61.27 	Statutes, section 462A.204.  Any
61.28 	balance the first year does not cancel
61.29 	but is available the second year.
61.30 		Subd. 6.Home Ownership
61.31 	Assistance Fund
61.32 	The budget base for the home ownership
61.33 	assistance fund shall be $885,000 in
61.34 	fiscal year 2008 and $885,000 in fiscal
61.35 	year 2009.
61.36 		Subd. 7.Affordable Rental
61.37 	Investment Fund
61.38 	$8,531,000 the first year and
61.39 	$8,531,000 the second year are for the
61.40 	affordable rental investment fund
61.41 	program under Minnesota Statutes,
61.42 	section 462A.21, subdivision 8b.
61.43 	This appropriation is to finance the
61.44 	acquisition, rehabilitation, and debt
61.45 	restructuring of federally assisted
61.46 	rental property and for making equity
61.47 	take-out loans under Minnesota
61.48 	Statutes, section 462A.05, subdivision
61.49 	39.  This appropriation also may be
61.50 	used to finance the acquisition,
61.51 	rehabilitation, and debt restructuring
61.52 	of existing supportive housing
61.53 	properties.  For purposes of this
61.54 	subdivision, "supportive housing" means
61.55 	affordable rental housing with links to
61.56 	services necessary for individuals,
61.57 	youth, and families with children to
61.58 	maintain housing stability.
61.59 	The owner of the federally assisted
62.1 	rental property must agree to
62.2 	participate in the applicable federally
62.3 	assisted housing program and to extend
62.4 	any existing low-income affordability
62.5 	restrictions on the housing for the
62.6 	maximum term permitted.  The owner must
62.7 	also enter into an agreement that gives
62.8 	local units of government, housing and
62.9 	redevelopment authorities, and
62.10 	nonprofit housing organizations the
62.11 	right of first refusal if the rental
62.12 	property is offered for sale.  Priority
62.13 	must be given among comparable
62.14 	federally assisted rental properties to
62.15 	properties with the longest remaining
62.16 	term under an agreement for federal
62.17 	rental assistance.  Priority must also
62.18 	be given among comparable rental
62.19 	housing developments to developments
62.20 	that are or will be owned by local
62.21 	government units, a housing and
62.22 	redevelopment authority, or a nonprofit
62.23 	housing organization.
62.24 		Subd. 8.Housing Rehabilitation
62.25 	and Accessibility
62.26 	$2,654,000 the first year and
62.27 	$2,654,000 the second year are for the
62.28 	housing rehabilitation and
62.29 	accessibility program under Minnesota
62.30 	Statutes, section 462A.05, subdivisions
62.31 	14a and 15a.
62.32 		Subd. 9.Home Ownership Education,
62.33 	Counseling, and Training
62.34 	$770,000 the first year and $770,000
62.35 	the second year are for the home
62.36 	ownership education, counseling, and
62.37 	training program under Minnesota
62.38 	Statutes, section 462A.209.
62.39 		Subd. 10.Capacity Building
62.40 	Grants
62.41 	$250,000 the first year and $250,000
62.42 	the second year are for nonprofit
62.43 	capacity building grants under
62.44 	Minnesota Statutes, section 462A.21,
62.45 	subdivision 3b.

62.46 	Sec. 5. EXPLORE MINNESOTA
62.47 	TOURISM                                7,626,000      8,626,000
 62.48 	To develop maximum private sector
62.49 	involvement in tourism, $4,000,000 each
62.50 	year must be matched by Explore
62.51 	Minnesota Tourism from nonstate
62.52 	sources.  Up to one-half of the total
62.53 	match requirement may include in-kind
62.54 	contributions.  Cash match is defined
62.55 	as revenue to the state or documented
62.56 	case expenditures directly expended to
62.57 	support Explore Minnesota Tourism
62.58 	programs.
62.59 	In the second year, for every dollar
62.60 	generated from nonstate sources in the
62.61 	previous year in excess of $4,000,000,
62.62 	an amount of up to $1,000,000 is
63.1 	appropriated from the general fund to
63.2 	Explore Minnesota Tourism for marketing
63.3 	purposes.  This incentive is ongoing.
63.4 	In order to maximize marketing grant
63.5 	benefits, the director must give
63.6 	priority for organizational partnership
63.7 	marketing grants to organizations with
63.8 	year-round sustained tourism
63.9 	activities.  For programs and projects
63.10 	submitted, the director must give
63.11 	priority to those that encompass two or
63.12 	more areas or that attract nonresident
63.13 	travelers to the state.
63.14 	Funding for the marketing grants is
63.15 	available either year of the biennium.
63.16 	Unexpended grant funds from the first
63.17 	year are available in the second year.
63.18 	The director may use grant dollars or
63.19 	the value of in-kind services to
63.20 	provide the state contribution for the
63.21 	partnership grant program.
63.22 	Any unexpended money from the general
63.23 	fund appropriations made under this
63.24 	subdivision does not cancel but must be
63.25 	placed in a special marketing account
63.26 	for use by Explore Minnesota Tourism
63.27 	for additional marketing activities.

63.28 	Sec. 6. LABOR AND INDUSTRY
 63.29 		Subdivision 1.Total
63.30 	Appropriation                         22,594,000     22,594,000
63.31 	Summary by Fund
63.32 	General               2,872,000     2,872,000
63.33 	Workers'
63.34 	Compensation         19,272,000    19,272,000
63.35 	Workforce
63.36 	Development             450,000       450,000
63.37 	The amounts that may be spent from this
63.38 	appropriation for each program are
63.39 	specified in the following subdivisions.
63.40 		Subd. 2.Workers' Compensation
63.41 	10,346,000     10,346,000
63.42 	This appropriation is from the workers'
63.43 	compensation fund.
63.44 	$125,000 the first year and $125,000
63.45 	the second year are for grants to the
63.46 	Vinland Center for rehabilitation
63.47 	services.
63.48 		Subd. 3.Workplace Services
63.49 	6,961,000      6,961,000
63.50 	Summary by Fund
63.51 	General               2,872,000     2,872,000
63.52 	Workers'
64.1 	Compensation          3,639,000     3,639,000
64.2 	Workforce
64.3 	Development             450,000       450,000
64.4 	$350,000 each year is from the
64.5 	workforce development fund for the
64.6 	apprenticeship program under Minnesota
64.7 	Statutes, chapter 178.
64.8 	$100,000 the first year and $100,000
64.9 	the second year are for labor education
64.10 	and advancement program grants.  This
64.11 	appropriation is from the workforce
64.12 	development fund.
64.13 	The annual license fees authorized
64.14 	under Minnesota Statutes, section
64.15 	326.48, and detailed in Minnesota
64.16 	Rules, part 5230.0100, subpart 3, shall
64.17 	increase $20 for a journeyman
64.18 	high-pressure piping pipefitter
64.19 	license, $20 for a high-pressure piping
64.20 	contracting pipefitter, $10 for an
64.21 	inactive license, and $100 for a
64.22 	high-pressure pipefitting business
64.23 	license.
64.24 	The permit filing and inspection fees
64.25 	authorized under Minnesota Statutes,
64.26 	section 326.47, and detailed in
64.27 	Minnesota Rules, part 5230.0100,
64.28 	subpart 4, shall be increased as
64.29 	follows:  the filing of a permit
64.30 	application shall be increased $50, the
64.31 	minimum high-pressure piping inspection
64.32 	fee shall be increased $50, and the
64.33 	schedule of inspection fee rates shall
64.34 	be increased by ten percent.
64.35 		Subd. 4.General Support
64.36 	5,287,000      5,287,000
64.37 	This appropriation is from the workers'
64.38 	compensation fund.

64.39 	Sec. 7. BUREAU OF MEDIATION
64.40 	SERVICES
 64.41 		Subdivision 1.Total
64.42 	Appropriation                          1,773,000      1,773,000
64.43 	The amounts that may be spent from this
64.44 	appropriation for each program are
64.45 	specified in the following subdivisions.
64.46 		Subd. 2.Mediation Services
64.47 	1,673,000      1,673,000
64.48 		Subd. 3.Labor Management
64.49 	Cooperation Grants
64.50 	100,000        100,000
64.51 	$100,000 each year is for grants to
64.52 	area labor management committees.
64.53 	Grants may be awarded for a 12-month
64.54 	period beginning July 1 each year.  Any
64.55 	unencumbered balance remaining at the
65.1 	end of the first year does not cancel
65.2 	but is available for the second year.

65.3 	Sec. 8. WORKERS' COMPENSATION
65.4 	COURT OF APPEALS                       1,618,000      1,618,000
 65.5 	This appropriation is from the workers'
65.6 	compensation fund.

65.7 	Sec. 9. MINNESOTA HISTORICAL
65.8 	SOCIETY
 65.9 		Subdivision 1.Total
65.10 	Appropriation                         21,850,000     21,723,000
65.11 	The amounts that may be spent from this
65.12 	appropriation for each program are
65.13 	specified in the following
65.14 	subdivisions.  The Historical Society
65.15 	shall make its best possible efforts,
65.16 	including the use of volunteers, to
65.17 	avoid closing historic sites or
65.18 	substantially limiting public access to
65.19 	them.  Before closing any site, the
65.20 	Historical Society must consult with,
65.21 	and fully consider proposals from,
65.22 	interested community groups or
65.23 	individuals who are willing to provide
65.24 	financial or in-kind support for site
65.25 	operations.
65.26 		Subd. 2.Education and
65.27 	Outreach
65.28 	11,824,000     11,824,000
65.29 		Subd. 3.Preservation and
65.30 	Access
65.31 	9,772,000      9,772,000
65.32 		Subd. 4.Pass-Through
65.33 	Appropriations
65.34 	254,000        127,000
65.35 	(a) Minnesota International Center
65.36 	43,000         42,000
65.37 	(b) Minnesota Air National
65.38 	Guard Museum
65.39 	16,000        -0-
65.40 	(c) Minnesota Military Museum
65.41 	67,000        -0-
65.42 	(d) Farmamerica
65.43 	128,000         85,000
65.44 	Notwithstanding any other law, this
65.45 	appropriation may be used for
65.46 	operations.
65.47 	(e) Balances Forward
65.48 	Any unencumbered balance remaining in
65.49 	this subdivision the first year does
66.1 	not cancel but is available for the
66.2 	second year of the biennium.
66.3 		Subd. 5.Fund Transfer
66.4 	The Historical Society may reallocate
66.5 	funds appropriated in and between
66.6 	subdivisions 2 and 3 for any program
66.7 	purposes.

66.8 	Sec. 10. BOARD OF THE ARTS
 66.9 		Subdivision 1.Total
66.10 	Appropriation                          8,593,000      8,593,000
66.11 	If the appropriation for either year is
66.12 	insufficient, the appropriation for the
66.13 	other year is available.
66.14 		Subd. 2.Operations and Services
66.15 	404,000        404,000
66.16 		Subd. 3.Grants Programs
66.17 	5,767,000      5,767,000
66.18 		Subd. 4.Regional Arts
66.19 	Councils
66.20 	2,422,000      2,422,000

66.21 	Sec. 11. BOARD OF
66.22 	ACCOUNTANCY                              487,000        487,000
 66.23 	Effective the day following final
66.24 	enactment of this act and no later than
66.25 	June 30, 2006, the Board of Accountancy
66.26 	shall combine its administrative
66.27 	functions with those of the Board of
66.28 	Architecture, Engineering, Land
66.29 	Surveying, Landscape Architecture,
66.30 	Geoscience, and Interior Design.

66.31 	Sec. 12. BOARD OF ARCHITECTURE,
66.32 	ENGINEERING, LAND SURVEYING,
66.33 	LANDSCAPE ARCHITECTURE, GEOSCIENCE,
66.34 	AND INTERIOR DESIGN                      785,000        785,000

66.35 	Sec. 13. BOARD OF BARBER
66.36 	EXAMINERS                                699,000        699,000

66.37 	Sec. 14. PUBLIC UTILITIES
66.38 	COMMISSION                             4,163,000      4,163,000

66.39 	Sec. 15. BOARD OF ELECTRICITY
 66.40 	On or before June 30, 2006, the board
66.41 	shall transfer $4,000,000 from the
66.42 	special revenue fund to the general
66.43 	fund.

66.44 	Sec. 16. [45.22] LICENSE EDUCATION.
66.45 	The following fees must be paid to the commissioner:
66.46 	(1) initial course approval, $10 for each hour or fraction
66.47 	of one hour of education course approval sought.  Initial course
66.48 	approval expires on the last day of the 24th month after the
67.1 	course is approved;
67.2 	(2) renewal of course approval, $10 per course.  Renewal of
67.3 	course approval expires on the last day of the 24th month after
67.4 	the course is renewed;
67.5 	(3) initial coordinator approval, $100.  Initial
67.6 	coordinator approval expires on the last day of the 24th month
67.7 	after the coordinator is approved; and 
67.8 	(4) renewal of coordinator approval, $10.  Renewal of
67.9 	coordinator approval expires on the last day of the 24th month
67.10 	after the coordinator is renewed.

67.11 	Sec. 17. Minnesota Statutes 2004, section 60A.14,
67.12 	subdivision 1, is amended to read:
67.13 		Subdivision 1.Fees other than examination fees.  In
67.14 	addition to the fees and charges provided for examinations, the
67.15 	following fees must be paid to the commissioner for deposit in
67.16 	the general fund:
67.17 	(a) by township mutual fire insurance companies;
67.18 	(1) for filing certificate of incorporation $25 and
67.19 	amendments thereto, $10;
67.20 	(2) for filing annual statements, $15;
67.21 	(3) for each annual certificate of authority, $15;
67.22 	(4) for filing bylaws $25 and amendments thereto, $10;
67.23 	(b) by other domestic and foreign companies including
67.24 	fraternals and reciprocal exchanges;
67.25 	(1) for filing an application for an initial certification
67.26 	of authority to be admitted to transact business in this state,
67.27 	$1,500;
67.28 	(2) for filing certified copy of certificate of articles of
67.29 	incorporation, $100;
67.30 	~~(2)~~ (3) for filing annual statement, $225;
67.31 	~~(3)~~ (4) for filing certified copy of amendment to
67.32 	certificate or articles of incorporation, $100;
67.33 	~~(4)~~ (5) for filing bylaws, $75 or amendments thereto, $75;
67.34 	~~(5)~~ (6) for each company's certificate of authority, $575,
67.35 	annually;
67.36 	(c) the following general fees apply:
68.1 	(1) for each certificate, including certified copy of
68.2 	certificate of authority, renewal, valuation of life policies,
68.3 	corporate condition or qualification, $25;
68.4 	(2) for each copy of paper on file in the commissioner's
68.5 	office 50 cents per page, and $2.50 for certifying the same;
68.6 	(3) for license to procure insurance in unadmitted foreign
68.7 	companies, $575;
68.8 	(4) for valuing the policies of life insurance companies,
68.9 	one cent per $1,000 of insurance so valued, provided that the
68.10 	fee shall not exceed $13,000 per year for any company.  The
68.11 	commissioner may, in lieu of a valuation of the policies of any
68.12 	foreign life insurance company admitted, or applying for
68.13 	admission, to do business in this state, accept a certificate of
68.14 	valuation from the company's own actuary or from the
68.15 	commissioner of insurance of the state or territory in which the
68.16 	company is domiciled;
68.17 	(5) for receiving and filing certificates of policies by
68.18 	the company's actuary, or by the commissioner of insurance of
68.19 	any other state or territory, $50;
68.20 	(6) for each appointment of an agent filed with the
68.21 	commissioner, $10;
68.22 	(7) for filing forms and rates, $75 per filing, which may
68.23 	be paid on a quarterly basis in response to an invoice.  Billing
68.24 	and payment may be made electronically;
68.25 	(8) for annual renewal of surplus lines insurer license,
68.26 	$300;
68.27 	(9) $250 filing fee for a large risk alternative rating
68.28 	option plan that meets the $250,000 threshold requirement.
68.29 	The commissioner shall adopt rules to define filings that
68.30 	are subject to a fee.

68.31 	Sec. 18. Minnesota Statutes 2004, section 60K.55,
68.32 	subdivision 2, is amended to read:
68.33 		Subd. 2.Licensing fees.  (a) In addition to fees
68.34 	provided for examinations, each insurance producer licensed
68.35 	under this chapter shall pay to the commissioner a fee of:
68.36 	(1) ~~$40~~ $50 for an initial life, accident and health,
69.1 	property, or casualty license issued to an individual insurance
69.2 	producer, and a fee of ~~$40~~ $50 for each renewal;
69.3 	(2) ~~$75~~ $50 for an initial variable life and variable
69.4 	annuity license issued to an individual insurance producer, and
69.5 	a fee of $50 for each renewal;
69.6 	(3) ~~$80~~ $50 for an initial personal lines license issued to
69.7 	an individual insurance producer, and a fee of ~~$80~~ $50 for each
69.8 	renewal;
69.9 	(4) ~~$80~~ $50 for an initial limited lines license issued to
69.10 	an individual insurance producer, and a fee of ~~$80~~ $50 for each
69.11 	renewal;
69.12 	(5) $200 for an initial license issued to a business
69.13 	entity, and a fee of ~~$150~~ $200 for each renewal; and
69.14 	(6) $500 for an initial surplus lines license, and a fee of
69.15 	$500 for each renewal.
69.16 	(b) Initial licenses issued under this chapter are valid
69.17 	for a period not to exceed 24 months and expire on October 31 of
69.18 	the renewal year assigned by the commissioner.  Each renewal
69.19 	insurance producer license is valid for a period of 24 months.
69.20 	Licensees who submit renewal applications postmarked or
69.21 	delivered on or before October 15 of the renewal year may
69.22 	continue to transact business whether or not the renewal license
69.23 	has been received by November 1.  Licensees who submit
69.24 	applications postmarked or delivered after October 15 of the
69.25 	renewal year must not transact business after the expiration
69.26 	date of the license until the renewal license has been received.
69.27 	(c) All fees are nonreturnable, except that an overpayment
69.28 	of any fee may be refunded upon proper application.

69.29 	Sec. 19. Minnesota Statutes 2004, section 72B.04,
69.30 	subdivision 10, is amended to read:
69.31 		Subd. 10.Fees.  A fee of ~~$80~~ $50 is imposed for each
69.32 	initial license or temporary permit and ~~$80~~ $50 for each renewal
69.33 	thereof or amendment thereto.  A fee of $20 is imposed for the
69.34 	registration of each nonlicensed adjuster who is required to
69.35 	register under section 72B.06.  All fees shall be transmitted to
69.36 	the commissioner and shall be payable to the Department of
70.1 	Commerce.

70.2 	Sec. 20. Minnesota Statutes 2004, section 82B.09,
70.3 	subdivision 1, is amended to read:
70.4 		Subdivision 1.Amounts.  The following fees must be paid
70.5 	to the commissioner:
70.6 	(1) $150 for each initial individual real estate
70.7 	appraiser's license~~:  $150 if the license expires more than 12~~
70.8 	~~months after issuance, $100 if the license expires less than 12~~
70.9 	~~months after issuance~~; and ~~a fee of~~ 
70.10 	(2) $100 for each renewal.

70.11 	Sec. 21. Minnesota Statutes 2004, section 116C.779,
70.12 	subdivision 2, is amended to read:
70.13 		Subd. 2.Renewable energy production incentive.  (a)
70.14 	Until January 1, 2018, up to ~~$6,000,000~~ $10,500,000 annually
70.15 	must be allocated from available funds in the account to fund
70.16 	renewable energy production incentives. ~~$4,500,000~~ $9,000,000 
70.17 	of this annual amount is for incentives for up to ~~100~~ 200 
70.18 	megawatts of electricity generated by wind energy conversion
70.19 	systems that are eligible for the incentives under section
70.20 	216C.41.  The balance of this amount, up to $1,500,000 annually,
70.21 	may be used for production incentives for on-farm biogas
70.22 	recovery facilities that are eligible for the incentive under
70.23 	section 216C.41 or for production incentives for other
70.24 	renewables, to be provided in the same manner as under section
70.25 	216C.41.  Any portion of the ~~$6,000,000~~ $10,500,000 not expended
70.26 	in any calendar year for the incentive is available for other
70.27 	spending purposes under this section.  This subdivision does not
70.28 	create an obligation to contribute funds to the account.
70.29 	(b) The Department of Commerce shall determine eligibility
70.30 	of projects under section 216C.41 for the purposes of this
70.31 	subdivision.  At least quarterly, the Department of Commerce
70.32 	shall notify the public utility of the name and address of each
70.33 	eligible project owner and the amount due to each project under
70.34 	section 216C.41.  The public utility shall make payments within
70.35 	15 working days after receipt of notification of payments due.

70.36 	Sec. 22. Minnesota Statutes 2004, section 116J.551,
71.1 	subdivision 1, is amended to read:
71.2 		Subdivision 1.Grant account.  A contaminated site
71.3 	cleanup and development grant account is created in the general
71.4 	fund.  Money in the account may be used, as appropriated by law,
71.5 	to make grants as provided in section 116J.554 and to pay for
71.6 	the commissioner's costs in reviewing applications and making
71.7 	grants. Notwithstanding section 16A.28, money appropriated to
71.8 	the account is available for four years.

71.9 	Sec. 23. Minnesota Statutes 2004, section 116J.63,
71.10 	subdivision 2, is amended to read:
71.11 		Subd. 2.Fees. (a) Fees for reports, publications, or
71.12 	related publicity or promotional material are not subject to the
71.13 	rulemaking requirements of chapter 14 and are not subject to
71.14 	section 16A.1285.  The fees prescribed by the commissioner must
71.15 	be commensurate with the distribution objective of the
71.16 	department for the material produced or with the cost of
71.17 	furnishing the services. Except as described in paragraph (b),
71.18 	all fees for materials and services must be deposited in the
71.19 	general fund.
71.20 	(b) The commissioner may sell marketing materials at cost
71.21 	to economic development organizations and others in quantities
71.22 	that would not otherwise be available through general fund
71.23 	appropriations.  Funds received must be placed in a special
71.24 	revolving account and are appropriated to the commissioner to
71.25 	pay for the production of the materials.

71.26 	Sec. 24. Minnesota Statutes 2004, section 116J.8731,
71.27 	subdivision 5, is amended to read:
71.28 		Subd. 5.Grant limits.  A Minnesota investment fund grant
71.29 	may not be approved for an amount in excess of $1,000,000.  This
71.30 	limit covers all money paid to complete the same project,
71.31 	whether paid to one or more grant recipients and whether paid in
71.32 	one or more fiscal years. ~~The portion~~ A local community or
71.33 	recognized Indian tribal government may retain 20 percent, but
71.34 	not more than $100,000 of a Minnesota investment fund grant ~~that~~
71.35 	~~exceeds $100,000 must be repaid to the state~~ when it is repaid
71.36 	to the local community or recognized Indian tribal government by
72.1 	the person or entity to which it was loaned by the local
72.2 	community or Indian tribal government.  Money repaid to the
72.3 	state must be credited to a Minnesota investment revolving loan
72.4 	account in the state treasury.  Funds in the account are
72.5 	appropriated to the commissioner and must be used in the same
72.6 	manner as are funds appropriated to the Minnesota investment
72.7 	fund.  Funds repaid to the state through existing Minnesota
72.8 	investment fund agreements must be credited to the Minnesota
72.9 	investment revolving loan account effective July 1, 2003.  A
72.10 	grant or loan may not be made to a person or entity for the
72.11 	operation or expansion of a casino or a store which is used
72.12 	solely or principally for retail sales.  Persons or entities
72.13 	receiving grants or loans must pay each employee total
72.14 	compensation, including benefits not mandated by law, that on an
72.15 	annualized basis is equal to at least 110 percent of the federal
72.16 	poverty level for a family of four.

72.17 	Sec. 25. Minnesota Statutes 2004, section 183.41, is
72.18 	amended by adding a subdivision to read:
72.19 		Subd. 4.Annual permit. The commissioner shall issue an
72.20 	annual permit to a boat for the purpose of carrying passengers
72.21 	for hire on the inland waters of the state provided the boat
72.22 	satisfies the inspection requirements of this section.  A boat
72.23 	subject to inspection under this chapter shall be registered
72.24 	with the Division of Boiler Inspection and shall be inspected
72.25 	before a permit may be issued.

72.26 	Sec. 26. Minnesota Statutes 2004, section 183.411,
72.27 	subdivision 2a, is amended to read:
72.28 		Subd. 2a.Inspection fees.  The ~~commissioner may set fees~~ 
72.29 	fee for inspecting traction engines, show boilers, and show
72.30 	engines shall be the hourly rate pursuant to section
72.31 	~~16A.1285~~ 183.545, subdivision 3a.

72.32 	Sec. 27. Minnesota Statutes 2004, section 183.411,
72.33 	subdivision 3, is amended to read:
72.34 		Subd. 3.Licenses.  A license to operate steam farm
72.35 	traction engines, portable and stationary show engines and
72.36 	portable and stationary show boilers shall be issued to an
73.1 	applicant who:
73.2 	~~(a)~~ (1) is 18 years of age or older;
73.3 	~~(b)~~ (2) has a licensed second class or higher class
73.4 	engineer or steam traction (hobby) engineer sign the affidavit
73.5 	attesting to the applicant's competence in operating said
73.6 	devices;
73.7 	~~(c)~~ (3) passes a written test for competence in operating
73.8 	said devices;
73.9 	~~(d)~~ (4) has at least 25 hours of actual operating
73.10 	experience on said devices; and
73.11 	~~(e)~~ (5) pays the required fee.
73.12 	A license shall be valid for the lifetime of the licensee.
73.13 	A onetime fee ~~set by the commissioner~~ pursuant to section
73.14 	~~16A.1285~~ 183.545, subdivision 4, shall be charged for the
73.15 	license.

73.16 	Sec. 28. Minnesota Statutes 2004, section 183.42, is
73.17 	amended to read:
73.18 	183.42 INSPECTION ~~EACH YEAR~~ AND REGISTRATION.
73.19 		Subdivision 1.Inspection. Every owner, lessee, or other
73.20 	person having charge of boilers~~,~~or pressure vessels~~, or any~~
73.21 	~~boat~~ subject to inspection under this chapter shall cause them
73.22 	to be inspected by the Division of Boiler Inspection.
73.23 	Boilers ~~and boats~~ subject to inspection under this chapter must
73.24 	be inspected at least annually and pressure vessels inspected at
73.25 	least every two years except as provided under section
73.26 	183.45. ~~A person who fails to have the inspection required by~~
73.27 	~~this section shall pay to the commissioner a penalty in the~~
73.28 	~~amount of the cost of inspection up to a maximum of $1,000.~~The
73.29 	commissioner shall assess a $250 penalty per applicable boiler
73.30 	or pressure vessel for failure to have the inspection required
73.31 	by this section and may seal the boiler or pressure vessel for
73.32 	refusal to allow an inspection as required by this section.
73.33 		Subd. 2.Registration. Every owner, lessee, or other
73.34 	person having charge of boilers or pressure vessels subject to
73.35 	inspection under this chapter shall register said objects with
73.36 	the Division of Boiler Inspection.  The registration shall be
74.1 	renewed annually and is applicable to each object separately.
74.2 	The fee for registration of a boiler or pressure vessel shall be
74.3 	pursuant to section 183.545, subdivision 10.  The Division of
74.4 	Boiler Inspection may issue a billing statement for each boiler
74.5 	and pressure vessel on record with the division, and may
74.6 	determine a monthly schedule of billings to be followed for
74.7 	owners, lessees, or other persons having charge of a boiler or
74.8 	pressure vessel subject to inspection under this chapter.
74.9 		Subd. 3.Certificate of registration. The Division of
74.10 	Boiler Inspection shall issue a certificate of registration that
74.11 	lists the boilers and pressure vessels at the location,
74.12 	expiration date of the certificate of registration, last
74.13 	inspection date of each boiler and pressure vessel, and maximum
74.14 	allowable working pressure for each boiler and pressure vessel.
74.15 	The commissioner may make an electronic certificate of
74.16 	registration available to be printed by the owner, lessee, or
74.17 	other person having charge of the boiler or pressure vessel.

74.18 	Sec. 29. Minnesota Statutes 2004, section 183.44,
74.19 	subdivision 1, is amended to read:
74.20 		Subdivision 1.Masters and pilots.  The ~~Division of~~
74.21 	~~Boiler Inspection~~ commissioner or the commissioner's designee 
74.22 	shall examine all masters ~~and pilots~~ of boats and vessels
74.23 	carrying passengers for hire on the inland waters of the state
74.24 	as to their qualifications and fitness.  If found ~~trustworthy~~ 
74.25 	qualified and competent to perform their duties as a master ~~or~~
74.26 	~~pilot~~ of a boat carrying passengers for hire,they shall be
74.27 	~~given~~ issued a ~~certificate~~ license authorizing them to act as
74.28 	such on the inland waters of the state. The license shall be
74.29 	renewed annually.  Fees for the original issue and renewal of
74.30 	the license authorized under this section shall be pursuant to
74.31 	section 183.545, subdivision 2.

74.32 	Sec. 30. Minnesota Statutes 2004, section 183.51,
74.33 	subdivision 2, is amended to read:
74.34 		Subd. 2.Applications.  Any person who desires an
74.35 	engineer's license shall ~~make~~ submit a written application, on
74.36 	blanks furnished by the ~~inspector.  The person shall also~~
75.1 	~~successfully pass a written examination for such grade of~~
75.2 	~~license applied for~~ commissioner or designee, at least 15 days
75.3 	before the requested exam date.  The application is valid for
75.4 	one year from the date the commissioner or designee received the
75.5 	application.

75.6 	Sec. 31. Minnesota Statutes 2004, section 183.51, is
75.7 	amended by adding a subdivision to read:
75.8 		Subd. 2a.Examinations. Each applicant for a license
75.9 	must pass an examination approved by the commissioner.  The
75.10 	examinations shall be of sufficient scope to establish the
75.11 	competency of the applicant to operate a boiler of the
75.12 	applicable license class and grade.

75.13 	Sec. 32. Minnesota Statutes 2004, section 183.545, is
75.14 	amended to read:
75.15 	183.545 FEES FOR INSPECTION.
75.16 		Subdivision 1.Fee amount; vessels operated on inland
75.17 	waters. The fees for the inspection of the hull, boiler,
75.18 	machinery, and equipments of vessels ~~are to be set by the~~
75.19 	~~commissioner pursuant to section 16A.1285, for vessels of 50~~
75.20 	~~tons burden or over and vessels of less than 50 tons~~
75.21 	~~burden.~~operated on inland waters and that carry passengers for
75.22 	hire are as follows:
75.23 	(1) annual operating permit and safety inspections shall be
75.24 	$200; and 
75.25 	(2) other inspections, including dry-dock inspections, boat
75.26 	stability tests, and plan reviews, are billed at the hourly rate
75.27 	set in subdivision 3a.
75.28 		Subd. 2.Fee amounts; masters ~~and pilots~~. The
75.29 	~~commissioner shall, pursuant to section 16A.1285, set~~
75.30 	~~the~~ license and application fee for ~~an examination of an~~
75.31 	~~applicant for~~ a master's ~~or pilot's~~ license is $50, ~~for an~~ or
75.32 	$20 if the applicant possesses a valid, unlimited, current
75.33 	United States Coast Guard master's or pilot's license.  The 
75.34 	annual renewal of a master's ~~or a pilot's~~ license~~, and for an~~ is
75.35 	$20.  The annual renewal if paid later than ~~ten~~ 30 days after
75.36 	expiration is $35.  The fee for replacement of a current, valid
76.1 	license is $20.
76.2 		Subd. 3.boiler and pressure vessel inspection fees. The
76.3 	fees for the annual inspection of boilers and biennial
76.4 	inspection of pressure vessels are ~~to be set by the commissioner~~
76.5 	~~pursuant to section 16A.1285, for~~ as follows:
76.6 	~~(a)~~ (1) boiler inaccessible for internal inspection, $55;
76.7 	~~(b)~~ (2) boiler accessible for internal inspection, $55;
76.8 	~~(c)~~ (3) boiler internal inspection over 2,000 square feet
76.9 	heating surface shall be billed at the hourly rate set in
76.10 	subdivision 3a;
76.11 	~~(d)~~ (4) ~~boiler internal inspection over 4,000 square feet~~
76.12 	~~heating surface;~~
76.13 	~~(e) boiler internal inspection over 10,000 square feet~~
76.14 	~~heating surface;~~
76.15 	~~(f)~~ boiler accessible for internal inspection requiring
76.16 	one-half day or more of inspection time shall be billed at the
76.17 	~~established shop inspection fee~~ hourly rate set in subdivision
76.18 	3a;
76.19 	~~(g)~~ (5) pressure vessel for internal inspection via manhole
76.20 	, $35; and
76.21 	~~(h)~~ (6) pressure vessel inaccessible for internal
76.22 	inspection, $35.
76.23 	~~An additional fee based on the scale of fees applicable to~~
76.24 	~~an inspection shall be charged when it is necessary to make a~~
76.25 	~~special trip for a hydrostatic test of a boiler or pressure~~
76.26 	~~vessel.~~
76.27 		Subd. 3a.Hourly rate. The ~~commissioner shall, pursuant~~
76.28 	~~to section 16A.1285, set shop inspection fees~~ hourly rate for an
76.29 	inspection not set elsewhere in this chapter is $80 per hour.
76.30 	Inspection time includes all time related to the ~~shop~~ 
76.31 	inspection. Travel time, billed at the hourly rate, and travel
76.32 	expenses shall be billed for shop inspections, triennial audits,
76.33 	boat stability tests, hydrostatic tests of a boiler or pressure
76.34 	vessel, or any other inspection or consultation requiring a
76.35 	special trip.
76.36 		Subd. 4.~~applicants~~ boiler engineer license fees. ~~The~~
77.1 	~~commissioner shall, pursuant to section 16A.1285, set the fee~~
77.2 	~~for an examination of an applicant~~ For the following licenses,
77.3 	the nonrefundable license and application fee is:
77.4 	~~(a)~~ (1) chief engineer's license, $50;
77.5 	~~(b)~~ (2) first class engineer's license, $50;
77.6 	~~(c)~~ (3) second class engineer's license, $50;
77.7 	~~(d)~~ (4) special engineer's license, $20; and 
77.8 	~~(e)~~ (5) traction or hobby boiler engineer's license~~; and~~ ,
77.9 	$50.
77.10 	~~(f) pilot's license.~~
77.11 	~~If an applicant, after an examination, is entitled to~~
77.12 	~~receive a license, it shall be issued without the payment of any~~
77.13 	~~additional charge.  Any license so issued expires one year after~~
77.14 	~~the date of its issuance.~~An engineer's license may be renewed
77.15 	upon application ~~therefor~~ and ~~the~~ payment of an annual renewal
77.16 	fee ~~as set by the commissioner pursuant to section 16A.1285~~of
77.17 	$20. The annual renewal, if paid later than 30 days after
77.18 	expiration, is $35.  The fee for replacement of a current, valid
77.19 	license is $20.
77.20 		Subd. 6.National board inspectors. The fee for an
77.21 	examination of an applicant for a National Board of Boiler and
77.22 	Pressure Vessels Inspectors commission ~~shall be set by the~~
77.23 	~~commissioner pursuant to section 16A.1285~~is $100.
77.24 		Subd. 7.Nuclear endorsement. The fee for each
77.25 	examination of an applicant for a National Board of Boiler and
77.26 	Pressure Vessels commissioned inspectors nuclear endorsement
77.27 	~~shall be set by the commissioner pursuant to section 16A.1285~~is
77.28 	$100.
77.29 		Subd. 8.Certificate of competency. The fee for issuance
77.30 	of the original state of Minnesota certificate of competency for
77.31 	inspectors ~~shall be set by the commissioner pursuant to section~~
77.32 	~~16A.1285~~ is $50.  This fee is waived for inspectors who paid the
77.33 	examination fee.  The fee for an annual renewal of the state of
77.34 	Minnesota certificate of competency ~~shall be set by the~~
77.35 	~~commissioner pursuant to section 16A.1285~~is $35, and is due
77.36 	January 1 of each year. The fee for replacement of a current,
78.1 	valid license is $35.
78.2 		Subd. 9.Deposit of fees. Fees received under this
78.3 	section ~~and section 183.57~~must be deposited in the state
78.4 	treasury and credited to the general fund.
78.5 		Subd. 10.Boiler and pressure vessel registration
78.6 	fee. The annual registration fee for boilers and pressure
78.7 	vessels in use and required to be inspected per section 183.42
78.8 	shall be $10 per boiler and pressure vessel.

78.9 	Sec. 33. Minnesota Statutes 2004, section 183.57, is
78.10 	amended to read:
78.11 	183.57 REPORT OF INSURER; EXEMPTION FROM INSPECTION.
78.12 		Subdivision 1.Report required. Any insurance company
78.13 	insuring boilers and pressure vessels in this state shall ~~make a~~
78.14 	~~written~~ file a report ~~thereof~~ showing the date of inspection,
78.15 	the name of the person making the inspection, the condition of
78.16 	the boiler or pressure vessel as disclosed by the inspection,
78.17 	whether the ~~same is~~ boiler was operated by a properly licensed
78.18 	engineer, ~~and~~ whether a policy of insurance has been issued by
78.19 	the company with reference to the boiler or pressure vessel, and
78.20 	other information as directed by the chief boiler inspector.
78.21 	Within ~~15~~ 21 days after the inspection, the insurance company
78.22 	shall ~~mail a copy of~~ file the report ~~to~~ with the chief boiler
78.23 	inspector ~~and~~ or designee.  The insurer shall provide a copy of
78.24 	the report to the person, firm, or corporation owning or
78.25 	operating the inspected boiler or pressure vessel ~~inspected~~.
78.26 	Such report shall be made annually for boilers and biennially
78.27 	for pressure vessels.
78.28 		Subd. 2.Exemption. Every boiler or pressure vessel as
78.29 	to which any insurance company authorized to do business in this
78.30 	state has issued a policy of insurance, after the inspection
78.31 	thereof, is exempt from inspection by the department made under
78.32 	sections 183.375 to 183.62, while the same continues to be
78.33 	insured and provided it continues to be inspected in accordance
78.34 	with the inspection schedule set forth in sections 183.42 and
78.35 	183.45,and the person, firm, or corporation owning or operating
78.36 	the same has an unexpired certificate of ~~exemption from~~
79.1 	~~inspection, issued by the chief boiler~~
79.2 	~~inspector~~ registration. ~~The fee set by the commissioner~~
79.3 	~~pursuant to section 16A.1285, on the first object inspected and~~
79.4 	~~on each object thereafter shall apply to each exempt object.  A~~
79.5 	~~certificate of exemption expires one year from date of issue.~~
79.6 	~~The certificate of exemption shall be posted in a conspicuous~~
79.7 	~~place near the boiler or pressure vessel or in the plant office~~
79.8 	~~or boiler room described therein and to which it relates.  Every~~
79.9 	~~insurance company shall give written notice to the chief boiler~~
79.10 	~~inspector of the cancellation or expiration of every policy of~~
79.11 	~~insurance issued by it with reference to policies in this state,~~
79.12 	~~and the cause or reason for the cancellation or expiration.~~
79.13 	~~These notices of cancellation or expiration shall show the date~~
79.14 	~~of the policy and the date when the cancellation has or will~~
79.15 	~~become effective.~~
79.16 		~~Subd. 4.Certificate of exemption.~~ ~~The Division of~~
79.17 	~~Boiler Inspection may issue a billing and exemption certificate~~
79.18 	~~for each boiler and pressure vessel which the division records~~
79.19 	~~indicate shall be or has been inspected by an insurance company~~
79.20 	~~which is providing coverage for the boilers and pressure~~
79.21 	~~vessels.  The division may determine the monthly schedule of the~~
79.22 	~~billings to be followed for each business insured.~~
79.23 		Subd. 5.Notice of insurance coverage. The insurer shall
79.24 	notify the commissioner or designee in writing of its policy to
79.25 	insure and inspect boilers and pressure vessels at a location
79.26 	within 30 days of the effective date of insurance coverage,
79.27 	including binders.  The insurer must also provide a duplicate of
79.28 	the notification to the insured.
79.29 		Subd. 6.Notice of discontinued coverage. The insurer
79.30 	shall notify the commissioner or designee in writing, within 30
79.31 	days of the effective date, of the discontinuation of insurance
79.32 	coverage of the boilers and pressure vessels at a location and
79.33 	the cause or reason for the discontinuation.  This notice shall
79.34 	show the effective date when the discontinued policy takes
79.35 	effect.
79.36 		Subd. 7.Penalties. The commissioner shall assess upon
80.1 	the insurer a $50 penalty, per applicable boiler and pressure
80.2 	vessel, for failing to submit an inspection report or notify the
80.3 	commissioner of insurance coverage or discontinuation of
80.4 	insurance coverage as set forth in this section.  The
80.5 	commissioner shall assess upon the insurer a penalty of $100,
80.6 	per applicable boiler and pressure vessel, for failing to
80.7 	conduct the required in-service inspection within 120 days after
80.8 	the inspection was due in accordance with section 183.42.

80.9 	Sec. 34. Minnesota Statutes 2004, section 216C.41,
80.10 	subdivision 2, is amended to read:
80.11 		Subd. 2.Incentive payment; appropriation.  (a) Incentive
80.12 	payments must be made according to this section to (1) a
80.13 	qualified on-farm biogas recovery facility, (2) the owner or
80.14 	operator of a qualified hydropower facility or qualified wind
80.15 	energy conversion facility for electric energy generated and
80.16 	sold by the facility, (3) a publicly owned hydropower facility
80.17 	for electric energy that is generated by the facility and used
80.18 	by the owner of the facility outside the facility, or (4) the
80.19 	owner of a publicly owned dam that is in need of substantial
80.20 	repair, for electric energy that is generated by a hydropower
80.21 	facility at the dam and the annual incentive payments will be
80.22 	used to fund the structural repairs and replacement of
80.23 	structural components of the dam, or to retire debt incurred to
80.24 	fund those repairs.
80.25 	(b) Payment may only be made upon receipt by the
80.26 	commissioner of ~~finance~~ commerce of an incentive payment
80.27 	application that establishes that the applicant is eligible to
80.28 	receive an incentive payment and that satisfies other
80.29 	requirements the commissioner deems necessary.  The application
80.30 	must be in a form and submitted at a time the commissioner
80.31 	establishes.
80.32 	(c) There is annually appropriated from the general fund to
80.33 	the commissioner of commerce sums sufficient to make the
80.34 	payments required under this section, other than the amounts
80.35 	funded by the renewable development account as specified in
80.36 	subdivision 5a.

81.1 	Sec. 35. Minnesota Statutes 2004, section 216C.41,
81.2 	subdivision 5, is amended to read:
81.3 		Subd. 5.Amount of payment; wind facilities limit.  (a)
81.4 	An incentive payment is based on the number of kilowatt hours of
81.5 	electricity generated. The amount of the payment is:
81.6 	(1) for a facility described under subdivision 2, paragraph
81.7 	(a), clause (4), 1.0 cent per kilowatt hour; and
81.8 	(2) for all other facilities, 1.5 cents per kilowatt hour.
81.9 	For electricity generated by qualified wind energy conversion
81.10 	facilities, the incentive payment under this section is limited
81.11 	to no more than ~~100~~ 200 megawatts of nameplate capacity.
81.12 	(b) For wind energy conversion systems installed and
81.13 	contracted for after January 1, 2002, the total size of a wind
81.14 	energy conversion system under this section must be determined
81.15 	according to this paragraph.  Unless the systems are
81.16 	interconnected with different distribution systems, the
81.17 	nameplate capacity of one wind energy conversion system must be
81.18 	combined with the nameplate capacity of any other wind energy
81.19 	conversion system that is:
81.20 	(1) located within five miles of the wind energy conversion
81.21 	system;
81.22 	(2) constructed within the same calendar year as the wind
81.23 	energy conversion system; and
81.24 	(3) under common ownership.
81.25 	In the case of a dispute, the commissioner of commerce shall
81.26 	determine the total size of the system, and shall draw all
81.27 	reasonable inferences in favor of combining the systems.
81.28 	(c) In making a determination under paragraph (b), the
81.29 	commissioner of commerce may determine that two wind energy
81.30 	conversion systems are under common ownership when the
81.31 	underlying ownership structure contains similar persons or
81.32 	entities, even if the ownership shares differ between the two
81.33 	systems.  Wind energy conversion systems are not under common
81.34 	ownership solely because the same person or entity provided
81.35 	equity financing for the systems.

81.36 	Sec. 36. Minnesota Statutes 2004, section 216C.41,
82.1 	subdivision 5a, is amended to read:
82.2 		Subd. 5a.Renewable development account.  The Department
82.3 	of Commerce shall authorize payment of the renewable energy
82.4 	production incentive to wind energy conversion systems for ~~100~~ 
82.5 	200 megawatts of nameplate capacity ~~in addition to the capacity~~
82.6 	~~authorized under subdivision 5~~ and to on-farm biogas recovery
82.7 	facilities.  Payment of the incentive shall be made from the
82.8 	renewable energy development account as provided under section
82.9 	116C.779, subdivision 2.

82.10 	Sec. 37. Minnesota Statutes 2004, section 326.975,
82.11 	subdivision 1, is amended to read:
82.12 		Subdivision 1.Generally.  (a) In addition to any other
82.13 	fees, each applicant for a license under sections 326.83 to
82.14 	326.98 shall pay a fee to the contractor's recovery fund.  The
82.15 	contractor's recovery fund is created in the state treasury and
82.16 	must be administered by the commissioner in the manner and
82.17 	subject to all the requirements and limitations provided by
82.18 	section 82.43 with the following exceptions:
82.19 	(1) each licensee who renews a license shall pay in
82.20 	addition to the appropriate renewal fee an additional fee which
82.21 	shall be credited to the contractor's recovery fund.  The amount
82.22 	of the fee shall be based on the licensee's gross annual
82.23 	receipts for the licensee's most recent fiscal year preceding
82.24 	the renewal, on the following scale:
82.25 	Fee           Gross Receipts
82.26 	          $100          under $1,000,000
82.27 	          $150          $1,000,000 to $5,000,000
82.28 	          $200          over $5,000,000
82.29 	Any person who receives a new license shall pay a fee based on
82.30 	the same scale;
82.31 	(2) (i) the sole purpose of this fund is to compensate any
82.32 	aggrieved owner or lessee of residential property located within
82.33 	this state who obtains a final judgment in any court of
82.34 	competent jurisdiction against a licensee licensed under section
82.35 	326.84, on grounds of fraudulent, deceptive, or dishonest
82.36 	practices, conversion of funds, or failure of performance
83.1 	arising directly out of any transaction when the judgment debtor
83.2 	was licensed and performed any of the activities enumerated
83.3 	under section 326.83, subdivision 19, on the owner's residential
83.4 	property or on residential property rented by the lessee, or on
83.5 	new residential construction which was never occupied prior to
83.6 	purchase by the owner, or which was occupied by the licensee for
83.7 	less than one year prior to purchase by the owner, and which
83.8 	cause of action arose on or after April 1, 1994; and (ii)
83.9 	reimburse the Department of Commerce for all legal and
83.10 	administrative expenses, including staffing costs, incurred in
83.11 	administering the fund;
83.12 	(3) nothing may obligate the fund for more than $50,000 per
83.13 	claimant, nor more than $75,000 per licensee; and
83.14 	(4) nothing may obligate the fund for claims based on a
83.15 	cause of action that arose before the licensee paid the recovery
83.16 	fund fee set in clause (1), or as provided in section 326.945,
83.17 	subdivision 3.
83.18 	(b) Should the commissioner pay from the contractor's
83.19 	recovery fund any amount in settlement of a claim or toward
83.20 	satisfaction of a judgment against a licensee, the license shall
83.21 	be automatically suspended upon the effective date of an order
83.22 	by the court authorizing payment from the fund.  No licensee
83.23 	shall be granted reinstatement until the licensee has repaid in
83.24 	full, plus interest at the rate of 12 percent a year, twice the
83.25 	amount paid from the fund on the licensee's account, and has
83.26 	obtained a surety bond issued by an insurer authorized to
83.27 	transact business in this state in the amount of at least
83.28 	$40,000.

83.29 	Sec. 38. Minnesota Statutes 2004, section 345.47,
83.30 	subdivision 3, is amended to read:
83.31 		Subd. 3.Securities.  Securities listed on an established
83.32 	stock exchange shall be sold at the prevailing prices on the
83.33 	exchange.  Other securities may be sold over the counter at
83.34 	prevailing prices or, ~~with prior approval of the State Board of~~
83.35 	~~Investment,~~by another method the commissioner determines
83.36 	advisable.  United States government savings bonds and United
84.1 	States war bonds shall be presented to the United States for
84.2 	payment.

84.3 	Sec. 39. Minnesota Statutes 2004, section 345.47,
84.4 	subdivision 3a, is amended to read:
84.5 		Subd. 3a.Holding period. ~~All securities presumed~~
84.6 	~~abandoned under section 345.35 and delivered to the commissioner~~
84.7 	~~must be held for at least three years before they are sold.  A~~
84.8 	~~person making a claim under this section is entitled to receive~~
84.9 	~~either the securities delivered to the commissioner by the~~
84.10 	~~holder, if they still remain in the hands of the commissioner,~~
84.11 	~~or the proceeds received from the sale, but no person has any~~
84.12 	~~claim under this section against the state, the holder, any~~
84.13 	~~transfer agent, registrar, or other person acting for or on~~
84.14 	~~behalf of a holder for any appreciation in the value of the~~
84.15 	~~property occurring after delivery by the holder to the~~
84.16 	~~commissioner.~~If the property is of a type customarily sold on
84.17 	a recognized market or of a type which may be sold over the
84.18 	counter at prevailing prices, the commissioner may sell the
84.19 	property without notice by publication or otherwise.  The
84.20 	commissioner may proceed with the liquidation after holding for
84.21 	one year, with the exception of securities being held as the
84.22 	result of an insurance company demutualization, these types of
84.23 	securities may be sold upon receipt.  The language provided in
84.24 	this section grants to the commissioner express authority to
84.25 	sell any property including, but not limited to, stocks, bonds,
84.26 	notes, bills, and all other public or private securities.  A
84.27 	person making a claim under section 345.35 is entitled to
84.28 	receive the securities delivered to the administrator by the
84.29 	holder, if they still remain in the custody of the
84.30 	administrator, or the net proceeds received from sale, and is
84.31 	not entitled to receive any appreciation in the value of the
84.32 	property occurring after sale by the commissioner.  The
84.33 	commissioner may liquidate all unclaimed securities currently
84.34 	held in custody in accordance with the provisions of this
84.35 	section.

84.36 	Sec. 40. Minnesota Statutes 2004, section 373.40,
85.1 	subdivision 1, is amended to read:
85.2 		Subdivision 1.Definitions.  For purposes of this
85.3 	section, the following terms have the meanings given.
85.4 	(a) "Bonds" means an obligation as defined under section
85.5 	475.51.
85.6 	(b) "Capital improvement" means acquisition or betterment
85.7 	of public lands, development rights in the form of conservation
85.8 	easements under chapter 84C, buildings, or other improvements
85.9 	within the county for the purpose of a county courthouse,
85.10 	administrative building, health or social service facility,
85.11 	correctional facility, jail, law enforcement center, hospital,
85.12 	morgue, library, park, qualified indoor ice arena, and roads and
85.13 	bridges.  An improvement must have an expected useful life of
85.14 	five years or more to qualify.  "Capital improvement" does not
85.15 	include light rail transit or any activity related to it or a
85.16 	recreation or sports facility building (such as, but not limited
85.17 	to, a gymnasium, ice arena, racquet sports facility, swimming
85.18 	pool, exercise room or health spa), unless the building is part
85.19 	of an outdoor park facility and is incidental to the primary
85.20 	purpose of outdoor recreation.
85.21 	(c) ~~"Commissioner" means the commissioner of employment and~~
85.22 	~~economic development.~~
85.23 	~~(d)~~ "Metropolitan county" means a county located in the
85.24 	seven-county metropolitan area as defined in section 473.121 or
85.25 	a county with a population of 90,000 or more.
85.26 	~~(e)~~ (d) "Population" means the population established by
85.27 	the most recent of the following (determined as of the date the
85.28 	resolution authorizing the bonds was adopted):
85.29 	(1) the federal decennial census,
85.30 	(2) a special census conducted under contract by the United
85.31 	States Bureau of the Census, or
85.32 	(3) a population estimate made either by the Metropolitan
85.33 	Council or by the state demographer under section 4A.02.
85.34 	~~(f)~~ (e) "Qualified indoor ice arena" means a facility that
85.35 	meets the requirements of section 373.43.
85.36 	~~(g)~~ (f) "Tax capacity" means total taxable market value,
86.1 	but does not include captured market value.

86.2 	Sec. 41. Minnesota Statutes 2004, section 373.40,
86.3 	subdivision 3, is amended to read:
86.4 		Subd. 3.Capital improvement plan.  (a) A county may
86.5 	adopt a capital improvement plan.  The plan must cover at least
86.6 	the five-year period beginning with the date of its adoption.
86.7 	The plan must set forth the estimated schedule, timing, and
86.8 	details of specific capital improvements by year, together with
86.9 	the estimated cost, the need for the improvement, and sources of
86.10 	revenues to pay for the improvement.  In preparing the capital
86.11 	improvement plan, the county board must consider for each
86.12 	project and for the overall plan:
86.13 	(1) the condition of the county's existing infrastructure,
86.14 	including the projected need for repair or replacement;
86.15 	(2) the likely demand for the improvement;
86.16 	(3) the estimated cost of the improvement;
86.17 	(4) the available public resources;
86.18 	(5) the level of overlapping debt in the county;
86.19 	(6) the relative benefits and costs of alternative uses of
86.20 	the funds;
86.21 	(7) operating costs of the proposed improvements; and
86.22 	(8) alternatives for providing services more efficiently
86.23 	through shared facilities with other counties or local
86.24 	government units.
86.25 	(b) The capital improvement plan and annual amendments to
86.26 	it ~~must be~~ are not effective until approved by the county board
86.27 	after public hearing. ~~The county must submit the capital~~
86.28 	~~improvement plan to the community development division of the~~
86.29 	~~Department of Employment and Economic Development.  The plan is~~
86.30 	~~not effective if the commissioner disapproves the plan within 90~~
86.31 	~~days after it was submitted.  If the commissioner has not~~
86.32 	~~disapproved the plan within 90 days after its submission, the~~
86.33 	~~plan is deemed approved and effective.  The commissioner shall~~
86.34 	~~disapprove a capital improvement plan only if the commissioner~~
86.35 	~~determines (1) that the planned improvements cannot be financed~~
86.36 	~~within the limits specified in subdivision 4, or (2) the county~~
87.1 	~~in preparing the plan did not consider the factors listed in~~
87.2 	~~this subdivision or failed to gather the information necessary~~
87.3 	~~to evaluate the plan under the factors, or (3) the proposed~~
87.4 	~~improvements will result in unnecessary duplication of public~~
87.5 	~~facilities provided by other units of government in the region~~
87.6 	~~or there is insufficient demand for the facility.  If the plan~~
87.7 	~~is disapproved by the commissioner and the county board does not~~
87.8 	~~withdraw the plan, the capital improvement plan must be~~
87.9 	~~submitted to the voters for approval.  If a majority of the~~
87.10 	~~voters approve, the plan is approved and effective.~~

87.11 	Sec. 42. Minnesota Statutes 2004, section 462A.05,
87.12 	subdivision 3a, is amended to read:
87.13 		Subd. 3a.Refinancing ~~nonprofits~~; residential housing.
 87.14 	It may refinance the existing indebtedness of ~~nonprofit~~
87.15 	~~entities, as defined by the agency~~ owners of rental property,
87.16 	secured by residential housing for occupancy by persons and
87.17 	families of low and moderate income, if refinancing is
87.18 	determined by the agency to be necessary to reduce housing costs
87.19 	to an affordable level or to maintain the supply of affordable
87.20 	low-income housing.  The authority granted in this subdivision
87.21 	is in addition to and not in limitation of the authority granted
87.22 	in section 462A.05, subdivision 14.

87.23 	Sec. 43. Minnesota Statutes 2004, section 462A.33,
87.24 	subdivision 2, is amended to read:
87.25 		Subd. 2.Eligible recipients.  Challenge grants or loans
87.26 	may be made to a city, a federally recognized American Indian
87.27 	tribe or subdivision located in Minnesota, a tribal housing
87.28 	corporation,a private developer, a nonprofit organization, or
87.29 	the owner of the housing, including individuals.  For the
87.30 	purpose of this section, "city" has the meaning given it in
87.31 	section 462A.03, subdivision 21.  To the extent practicable,
87.32 	grants and loans shall be made so that an approximately equal
87.33 	number of housing units are financed in the metropolitan area
87.34 	and in the nonmetropolitan area.

87.35 	Sec. 44. Minnesota Statutes 2004, section 517.08,
87.36 	subdivision 1b, is amended to read:
88.1 		Subd. 1b.Term of license; fee; premarital education.
 88.2 	(a) The local registrar shall examine upon oath the party
88.3 	applying for a license relative to the legality of the
88.4 	contemplated marriage.  If at the expiration of a five-day
88.5 	period, on being satisfied that there is no legal impediment to
88.6 	it, including the restriction contained in section 259.13, the
88.7 	local registrar shall issue the license, containing the full
88.8 	names of the parties before and after marriage, and county and
88.9 	state of residence, with the county seal attached, and make a
88.10 	record of the date of issuance.  The license shall be valid for
88.11 	a period of six months.  In case of emergency or extraordinary
88.12 	circumstances, a judge of the district court of the county in
88.13 	which the application is made, may authorize the license to be
88.14 	issued at any time before the expiration of the five days.
88.15 	Except as provided in paragraph (b), the local registrar shall
88.16 	collect from the applicant a fee of ~~$85~~ $75 for administering
88.17 	the oath, issuing, recording, and filing all papers required,
88.18 	and preparing and transmitting to the state registrar of vital
88.19 	statistics the reports of marriage required by this section.  If
88.20 	the license should not be used within the period of six months
88.21 	due to illness or other extenuating circumstances, it may be
88.22 	surrendered to the local registrar for cancellation, and in that
88.23 	case a new license shall issue upon request of the parties of
88.24 	the original license without fee.  A local registrar who
88.25 	knowingly issues or signs a marriage license in any manner other
88.26 	than as provided in this section shall pay to the parties
88.27 	aggrieved an amount not to exceed $1,000.
88.28 	(b) The marriage license fee for parties who have completed
88.29 	at least 12 hours of premarital education is $20.  In order to
88.30 	qualify for the reduced fee, the parties must submit a signed
88.31 	and dated statement from the person who provided the premarital
88.32 	education confirming that it was received.  The premarital
88.33 	education must be provided by a licensed or ordained minister or
88.34 	the minister's designee, a person authorized to solemnize
88.35 	marriages under section 517.18, or a person authorized to
88.36 	practice marriage and family therapy under section 148B.33.  The
89.1 	education must include the use of a premarital inventory and the
89.2 	teaching of communication and conflict management skills.
89.3 	(c) The statement from the person who provided the
89.4 	premarital education under paragraph (b) must be in the
89.5 	following form:
89.6 	"I, (name of educator), confirm that (names of both
89.7 	parties) received at least 12 hours of premarital education that
89.8 	included the use of a premarital inventory and the teaching of
89.9 	communication and conflict management skills.  I am a licensed
89.10 	or ordained minister, a person authorized to solemnize marriages
89.11 	under Minnesota Statutes, section 517.18, or a person licensed
89.12 	to practice marriage and family therapy under Minnesota
89.13 	Statutes, section 148B.33."
89.14 	The names of the parties in the educator's statement must
89.15 	be identical to the legal names of the parties as they appear in
89.16 	the marriage license application.  Notwithstanding section
89.17 	138.17, the educator's statement must be retained for seven
89.18 	years, after which time it may be destroyed.
89.19 	(d) If section 259.13 applies to the request for a marriage
89.20 	license, the local registrar shall grant the marriage license
89.21 	without the requested name change.  Alternatively, the local
89.22 	registrar may delay the granting of the marriage license until
89.23 	the party with the conviction:
89.24 	(1) certifies under oath that 30 days have passed since
89.25 	service of the notice for a name change upon the prosecuting
89.26 	authority and, if applicable, the attorney general and no
89.27 	objection has been filed under section 259.13; or
89.28 	(2) provides a certified copy of the court order granting
89.29 	it.  The parties seeking the marriage license shall have the
89.30 	right to choose to have the license granted without the name
89.31 	change or to delay its granting pending further action on the
89.32 	name change request.

89.33 	Sec. 45. Minnesota Statutes 2004, section 517.08,
89.34 	subdivision 1c, is amended to read:
89.35 		Subd. 1c.Disposition of license fee.  (a) Of the
89.36 	marriage license fee collected pursuant to subdivision 1b,
90.1 	paragraph (a), $15 must be retained by the county.  The local
90.2 	registrar must pay ~~$70~~ $60 to the commissioner of finance to be
90.3 	deposited as follows:
90.4 	(1) $50 in the general fund;
90.5 	(2) $3 in the special revenue fund to be appropriated to
90.6 	the commissioner of education for parenting time centers under
90.7 	section 119A.37;
90.8 	(3) $2 in the special revenue fund to be appropriated to
90.9 	the commissioner of health for developing and implementing the
90.10 	MN ENABL program under section 145.9255; and 
90.11 	(4) ~~$10 in the special revenue fund to be appropriated to~~
90.12 	~~the commissioner of employment and economic development for the~~
90.13 	~~displaced homemaker program under section 116L.96; and~~ 
90.14 	~~(5)~~ $5 in the special revenue fund to be appropriated to
90.15 	the commissioner of human services for the Minnesota Healthy
90.16 	Marriage and Responsible Fatherhood Initiative under section
90.17 	256.742.
90.18 	(b) Of the $20 fee under subdivision 1b, paragraph (b), $15
90.19 	must be retained by the county.  The local registrar must pay $5
90.20 	to the commissioner of finance to be distributed as provided in
90.21 	paragraph (a), clauses (2) and (3).
90.22 	(c) The increase in the marriage license fee under
90.23 	paragraph (a) provided for in Laws 2004, chapter 273, and
90.24 	disbursement of the increase in that fee to the special fund for
90.25 	the Minnesota Healthy Marriage and Responsible Fatherhood
90.26 	Initiative under paragraph (a), clause ~~(5)~~ (4), is contingent
90.27 	upon the receipt of federal funding under United States Code,
90.28 	title 42, section 1315, for purposes of the initiative.

90.29 	Sec. 46. REPEALER.
 90.30 	Minnesota Statutes 2004, sections 45.0295; 116J.58,
90.31 	subdivision 3; and 462C.15, are repealed.