1.1 	A bill for an act
1.2 	relating to natural resources; modifying acquisition,
1.3 	designation, and use provisions for scientific and
1.4 	natural areas; modifying off-highway vehicle
1.5 	provisions; regulating fees and permit requirements;
1.6 	establishing certain accounts; authorizing certain
1.7 	lawful purpose expenditures for projects or activities
1.8 	approved by the commissioner of natural resources;
1.9 	authorizing the commissioner to give preference in
1.10 	certain hunting and fishing license and permit
1.11 	lotteries to military service members and veterans;
1.12 	modifying fishing, hunting, and firearms safety
1.13 	provisions; modifying water use permit provisions;
1.14 	modifying environmental advisory boards; modifying
1.15 	reporting requirements for certain waste management
1.16 	revenue; authorizing the use of silencers for certain
1.17 	wildlife control; modifying requirements for forest
1.18 	classification status review; regulating metropolitan
1.19 	area water supply planning activities; regulating the
1.20 	credit enhancement program; appropriating money;
1.21 	amending Minnesota Statutes 2004, sections 84.027,
1.22 	subdivisions 12, 15, by adding a subdivision; 84.0274,
1.23 	by adding a subdivision; 84.033, by adding a
1.24 	subdivision; 84.791, subdivision 2; 84.8205,
1.25 	subdivisions 3, 4, 6; 84.86, subdivision 1; 84.91,
1.26 	subdivision 1; 84.925, subdivision 1; 84.9256,
1.27 	subdivision 1; 84D.03, subdivision 4; 85.052,
1.28 	subdivision 4; 85.053, subdivisions 1, 2; 85.054, by
1.29 	adding a subdivision; 85.055, subdivision 2, by adding
1.30 	a subdivision; 85.43; 88.6435, subdivision 4; 97A.055,
1.31 	subdivision 4b; 97A.093; 97A.135, subdivision 2a;
1.32 	97A.465, by adding a subdivision; 97A.4742,
1.33 	subdivision 4; 97A.485, subdivision 7; 97B.015,
1.34 	subdivisions 1, 2, 5, 7; 97B.020; 97B.025; 103F.535,
1.35 	subdivision 1; 103G.271, subdivision 5; 103G.615,
1.36 	subdivision 2; 115A.072, subdivision 1; 115A.12;
1.37 	115A.554; 115A.929; 115B.49, by adding a subdivision;
1.38 	169A.63, subdivision 6; 282.08; 282.38, subdivision 1;
1.39 	296A.18, subdivision 2; 349.12, subdivision 25;
1.40 	462.357, subdivision 1e; 473.197, subdivision 4;
1.41 	proposing coding for new law in Minnesota Statutes,
1.42 	chapters 86B; 473; repealing Minnesota Statutes 2004,
1.43 	sections 84.033, subdivision 2; 85.054, subdivision 1;
1.44 	94.343, subdivision 6; 94.344, subdivision 6; 94.348;
1.45 	94.349; 473.156; 473.197, subdivisions 1, 2, 3, 5.
2.1 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.2 	Section 1. Minnesota Statutes 2004, section 84.027,
2.3 	subdivision 12, is amended to read:
2.4 		Subd. 12.Property disposal; gift acknowledgment;
2.5 	advertising sales.  (a) The commissioner may give away to
2.6 	members of the public items with a value of less than $10 $50 
2.7 	that are intended to promote conservation of natural resources
2.8 	or create awareness of the state and its resources or natural
2.9 	resource management programs.  The total value of items given to
2.10 	the public under this paragraph may not exceed $25,000 per year.
2.11 	(b) The commissioner may recognize the contribution of
2.12 	money or in-kind services on plaques, signs, publications,
2.13 	audio-visual materials, and media advertisements by allowing the
2.14 	organization's contribution to be acknowledged in print of
2.15 	readable size.
2.16 	(c) The commissioner may accept paid advertising for
2.17 	departmental publications.  Advertising revenues received are
2.18 	appropriated to the commissioner to be used to defray costs of
2.19 	publications, media productions, or other informational
2.20 	materials.  The commissioner may not accept paid advertising
2.21 	from any elected official or candidate for elective office.

2.22 	Sec. 2. Minnesota Statutes 2004, section 84.027,
2.23 	subdivision 15, is amended to read:
2.24 		Subd. 15.Electronic transactions.  (a) The commissioner
2.25 	may receive an application for, sell, and issue any license,
2.26 	stamp, permit, pass, sticker, duplicate safety training
2.27 	certification,registration, or transfer under the jurisdiction
2.28 	of the commissioner by electronic means, including by telephone.
2.29 	Notwithstanding section 97A.472, electronic and telephone
2.30 	transactions may be made outside of the state.  The commissioner
2.31 	may:
2.32 	(1) provide for the electronic transfer of funds generated
2.33 	by electronic transactions, including by telephone;
2.34 	(2) assign a license identification number to an applicant
2.35 	who purchases a hunting or fishing license by electronic means,
2.36 	to serve as temporary authorization to engage in the licensed
3.1 	activity until the license is received or expires;
3.2 	(3) charge and permit agents to charge a fee of individuals
3.3 	who make electronic transactions and transactions by
3.4 	telephone or Internet, including the issuing fee under section
3.5 	97A.485, subdivision 6,fees and an additional transaction fee
3.6 	not to exceed $3.50;
3.7 	(4) collect issuing or filing fees as provided under
3.8 	sections 84.788, subdivision 3, paragraph (e); 84.798,
3.9 	subdivision 3, paragraph (b); 84.82, subdivision 2, paragraph
3.10 	(d); 84.8205, subdivisions 5 and 6; 84.922, subdivision 2,
3.11 	paragraph (e); 85.41, subdivision 5; 86B.415, subdivision 8; and
3.12 	97A.485, subdivision 6, and collect establish, by written order,
3.13 	an electronic licensing system commission on to be paid by
3.14 	revenues generated from all sales of licenses as provided under
3.15 	sections 85.43, paragraph (b), and 97A.485, subdivision 7made
3.16 	through the electronic licensing system.  The commissioner shall
3.17 	establish the commission in a manner that neither significantly
3.18 	overrecovers nor underrecovers costs involved in providing the
3.19 	electronic licensing system; and
3.20 	(5) adopt rules to administer the provisions of this
3.21 	subdivision.
3.22 	(b) Establishment of The transaction fee fees established 
3.23 	under paragraph (a), clause (3), and the commission established
3.24 	under paragraph (a), clause (4), is are not subject to the
3.25 	rulemaking procedures of chapter 14 and section 14.386 does not
3.26 	apply.
3.27 	(c) Money received from fees and commissions collected
3.28 	under this subdivision, including interest earned, is annually
3.29 	appropriated from the game and fish fund and the natural
3.30 	resources fund to the commissioner for the cost of electronic
3.31 	licensing.

3.32 	Sec. 3. Minnesota Statutes 2004, section 84.027, is
3.33 	amended by adding a subdivision to read:
3.34 		Subd. 17.Background checks for volunteer
3.35 	instructors. (a) The commissioner may conduct background checks
3.36 	for volunteer instructor applicants for department safety
4.1 	training and education programs, including the programs
4.2 	established under sections 84.791 (youth off-highway motorcycle
4.3 	safety education and training), 84.86 and 84.862 (youth and
4.4 	adult snowmobile safety training), 84.925 (youth all-terrain
4.5 	vehicle safety education and training), 97B.015 (youth firearms
4.6 	safety training), and 97B.025 (hunter and trapper education and
4.7 	training).
4.8 	(b) The commissioner shall perform the background check by
4.9 	retrieving criminal history data maintained in the Criminal
4.10 	Justice Information System (CJIS) and other data sources.
4.11 	(c) The commissioner shall develop a standardized form to
4.12 	be used for requesting a background check, which must include:
4.13 	(1) a notification to the applicant that the commissioner
4.14 	will conduct a background check under this section;
4.15 	(2) a notification to the applicant of the applicant's
4.16 	rights under paragraph (d); and 
4.17 	(3) a signed consent by the applicant to conduct the
4.18 	background check expiring one year from date of signature.
4.19 	(d) The volunteer instructor applicant who is the subject
4.20 	of a background check has the right to:
4.21 	(1) be informed that the commissioner will request a
4.22 	background check on the applicant;
4.23 	(2) be informed by the commissioner of the results of the
4.24 	background check and obtain a copy of the background check;
4.25 	(3) obtain any record that forms the basis for the
4.26 	background check and report;
4.27 	(4) challenge the accuracy and completeness of the
4.28 	information contained in the report or a record; and 
4.29 	(5) be informed by the commissioner if the applicant is
4.30 	rejected because of the result of the background check.

4.31 	Sec. 4. Minnesota Statutes 2004, section 84.0274, is
4.32 	amended by adding a subdivision to read:
4.33 		Subd. 10.Right of first refusal agreement. The
4.34 	commissioner may enter into a right of first refusal agreement
4.35 	with a landowner prior to determining the value of the land.  No
4.36 	right of first refusal agreement shall be made for a period of
5.1 	greater than two years and payment to the landowner for entry
5.2 	into the agreement shall not exceed $5,000.

5.3 	Sec. 5. Minnesota Statutes 2004, section 84.033, is
5.4 	amended by adding a subdivision to read:
5.5 		Subd. 3.County approval. The commissioner must follow
5.6 	the procedures under section 97A.145, subdivision 2, for
5.7 	scientific and natural areas acquired under this section.
5.8 	
EFFECTIVE DATE. This section is effective the day
5.9 	following final enactment.

5.10 	Sec. 6. Minnesota Statutes 2004, section 84.791,
5.11 	subdivision 2, is amended to read:
5.12 		Subd. 2.Fees.  For the purposes of administering the
5.13 	program and to defray a portion of the expenses of training and
5.14 	certifying vehicle operators, the commissioner shall collect a
5.15 	fee not to exceed $5 from each person who receives the training.
5.16 	The commissioner shall collect a fee for issuing a duplicate
5.17 	off-highway motorcycle safety certificate.  The commissioner
5.18 	shall establish the fee for a duplicate off-highway motorcycle
5.19 	safety certificate, to include a $1 issuing fee for licensing
5.20 	agents,that neither significantly overrecovers nor
5.21 	underrecovers costs, including overhead costs, involved in
5.22 	providing the service.  The fees must , except for the issuing
5.23 	fee for licensing agents under this subdivision, shall be
5.24 	deposited in the state treasury and credited to the off-highway
5.25 	motorcycle account in the natural resources fund.

5.26 	Sec. 7. Minnesota Statutes 2004, section 84.8205,
5.27 	subdivision 3, is amended to read:
5.28 		Subd. 3.License agents. County auditors are appointed
5.29 	agents of the commissioner for the sale of snowmobile state
5.30 	trail stickers.The commissioner may appoint other state
5.31 	agencies as agents for the sale of the to issue and sell state
5.32 	trail stickers. A county auditor may appoint subagents within
5.33 	the county or within adjacent counties to sell stickers.  Upon
5.34 	appointment of a subagent, the auditor shall notify the
5.35 	commissioner of the name and address of the subagent.  The
5.36 	auditor may revoke the appointment of a subagent, and The
6.1 	commissioner may revoke the appointment of a state agency an
6.2 	agent at any time. The commissioner may require an auditor to
6.3 	revoke a subagent's appointment.  The auditor shall furnish
6.4 	stickers on consignment to any subagent who furnishes a surety
6.5 	bond in favor of the county in an amount at least equal to the
6.6 	value of the stickers to be consigned to that subagent.  A
6.7 	surety bond is not required for a state agency appointed by the
6.8 	commissioner.  The county auditor shall be responsible for all
6.9 	stickers issued to and user fees received by agents except in a
6.10 	county where the county auditor does not retain fees paid for
6.11 	license purposes.  In these counties, the responsibilities
6.12 	imposed by this section upon the county auditor are imposed upon
6.13 	the county.The commissioner may promulgate adopt additional
6.14 	rules governing the accounting and procedures for handling state
6.15 	trail stickers as provided in section 97A.485, subdivision 11.
6.16 	Any resident desiring to sell snowmobile state trail
6.17 	stickers may either purchase for cash or obtain on consignment
6.18 	stickers from a county auditor in groups of not less than ten
6.19 	individual stickers.  In selling stickers, the resident shall be
6.20 	deemed a subagent of the county auditor and the commissioner,
6.21 	and An agent shall observe all rules promulgated adopted by the
6.22 	commissioner for accounting and handling of licenses and 
6.23 	stickers pursuant to section 97A.485, subdivision 11.
6.24 	The county auditor An agent shall promptly deposit and
6.25 	remit all money received from the sale of the stickers with the
6.26 	county treasurer and shall promptly transmit any reports
6.27 	required by the commissioner, plus 96 percent of the price paid
6.28 	by each stickerholder, exclusive of the issuing fee, for each
6.29 	sticker sold or consigned by the auditor and subsequently sold
6.30 	to a stickerholder during the accounting period.  The county
6.31 	auditor shall retain as a commission four percent of all sticker
6.32 	fees, excluding the issuing fee for stickers consigned to
6.33 	subagents and the issuing fee on stickers sold by the auditor to
6.34 	stickerholders to the commissioner.
6.35 	Unsold stickers in the hands of any subagent shall be
6.36 	redeemed by the commissioner if presented for redemption within
7.1 	the time prescribed by the commissioner.  Any stickers not
7.2 	presented for redemption within the period prescribed shall be
7.3 	conclusively presumed to have been sold, and the subagent
7.4 	possessing the same or to whom they are charged shall be
7.5 	accountable.

7.6 	Sec. 8. Minnesota Statutes 2004, section 84.8205,
7.7 	subdivision 4, is amended to read:
7.8 		Subd. 4.distribution issuance of stickers.  The
7.9 	commissioner and agents shall provide issue and sell snowmobile
7.10 	state trail stickers to all agents authorized to issue stickers
7.11 	by the commissioner.

7.12 	Sec. 9. Minnesota Statutes 2004, section 84.8205,
7.13 	subdivision 6, is amended to read:
7.14 		Subd. 6.Duplicate state trail stickers.  The
7.15 	commissioner and agents shall issue a duplicate sticker to
7.16 	persons whose sticker is lost or destroyed using the process
7.17 	established under section 97A.405, subdivision 3, and rules
7.18 	promulgated thereunder.  The fee for a duplicate state trail
7.19 	sticker is $2, with an issuing fee of 50 cents.

7.20 	Sec. 10. Minnesota Statutes 2004, section 84.86,
7.21 	subdivision 1, is amended to read:
7.22 		Subdivision 1.Required rules.  With a view of achieving
7.23 	maximum use of snowmobiles consistent with protection of the
7.24 	environment the commissioner of natural resources shall adopt
7.25 	rules in the manner provided by chapter 14, for the following
7.26 	purposes:
7.27 	(1) Registration of snowmobiles and display of registration
7.28 	numbers.
7.29 	(2) Use of snowmobiles insofar as game and fish resources
7.30 	are affected.
7.31 	(3) Use of snowmobiles on public lands and waters, or on
7.32 	grant-in-aid trails.
7.33 	(4) Uniform signs to be used by the state, counties, and
7.34 	cities, which are necessary or desirable to control, direct, or
7.35 	regulate the operation and use of snowmobiles.
7.36 	(5) Specifications relating to snowmobile mufflers.
8.1 	(6) A comprehensive snowmobile information and safety
8.2 	education and training program, including but not limited to the
8.3 	preparation and dissemination of snowmobile information and
8.4 	safety advice to the public, the training of snowmobile
8.5 	operators, and the issuance of snowmobile safety certificates to
8.6 	snowmobile operators who successfully complete the snowmobile
8.7 	safety education and training course.  For the purpose of
8.8 	administering such program and to defray expenses of training
8.9 	and certifying snowmobile operators, the commissioner shall
8.10 	collect a fee from each person who receives the youth or adult
8.11 	training.  The commissioner shall collect a fee, to include a $1
8.12 	issuing fee for licensing agents,for issuing a duplicate
8.13 	snowmobile safety certificate.  The commissioner shall establish
8.14 	both fees in a manner that neither significantly overrecovers
8.15 	nor underrecovers costs, including overhead costs, involved in
8.16 	providing the services.  The fees are not subject to the
8.17 	rulemaking provisions of chapter 14 and section 14.386 does not
8.18 	apply.  The fees may be established by the commissioner
8.19 	notwithstanding section 16A.1283.  The fees must , except for the
8.20 	issuing fee for licensing agents under this subdivision, shall 
8.21 	be deposited in the snowmobile trails and enforcement account in
8.22 	the natural resources fund and the amount thereof, except for
8.23 	the electronic licensing system commission established by the
8.24 	commissioner under section 84.027, subdivision 15, and issuing
8.25 	fees collected by the commissioner,is appropriated annually to
8.26 	the Enforcement Division of the Department of Natural Resources
8.27 	for the administration of such programs.  In addition to the fee
8.28 	established by the commissioner, instructors may charge each
8.29 	person up to the established fee amount for class materials and
8.30 	expenses.  The commissioner shall cooperate with private
8.31 	organizations and associations, private and public corporations,
8.32 	and local governmental units in furtherance of the program
8.33 	established under this clause.  School districts may cooperate
8.34 	with the commissioner and volunteer instructors to provide space
8.35 	for the classroom portion of the training.  The commissioner
8.36 	shall consult with the commissioner of public safety in regard
9.1 	to training program subject matter and performance testing that
9.2 	leads to the certification of snowmobile operators.
9.3 	(7) The operator of any snowmobile involved in an accident
9.4 	resulting in injury requiring medical attention or
9.5 	hospitalization to or death of any person or total damage to an
9.6 	extent of $500 or more, shall forward a written report of the
9.7 	accident to the commissioner on such form as the commissioner
9.8 	shall prescribe.  If the operator is killed or is unable to file
9.9 	a report due to incapacitation, any peace officer investigating
9.10 	the accident shall file the accident report within ten business
9.11 	days.

9.12 	Sec. 11. Minnesota Statutes 2004, section 84.91,
9.13 	subdivision 1, is amended to read:
9.14 		Subdivision 1.Acts prohibited.  (a) No owner or other
9.15 	person having charge or control of any snowmobile or all-terrain
9.16 	vehicle shall authorize or permit any individual the person
9.17 	knows or has reason to believe is under the influence of alcohol
9.18 	or a controlled substance or other substance to operate the
9.19 	snowmobile or all-terrain vehicle anywhere in this state or on
9.20 	the ice of any boundary water of this state.
9.21 	(b) No owner or other person having charge or control of
9.22 	any snowmobile or all-terrain vehicle shall knowingly authorize
9.23 	or permit any person, who by reason of any physical or mental
9.24 	disability is incapable of operating the vehicle, to operate the
9.25 	snowmobile or all-terrain vehicle anywhere in this state or on
9.26 	the ice of any boundary water of this state.
9.27 	(c) A person who operates or is in physical control of a
9.28 	snowmobile or all-terrain vehicle anywhere in this state or on
9.29 	the ice of any boundary water of this state is subject to
9.30 	chapter 169A.  In addition to the applicable sanctions under
9.31 	chapter 169A, a person who is convicted of violating section
9.32 	169A.20 or an ordinance in conformity with it while operating a
9.33 	snowmobile or all-terrain vehicle, or who refuses to comply with
9.34 	a lawful request to submit to testing under sections 169A.50 to
9.35 	169A.53 or an ordinance in conformity with it, shall be
9.36 	prohibited from operating the snowmobile or all-terrain vehicle
10.1 	for a period of one year.  The commissioner shall notify the
10.2 	person of the time period during which the person is prohibited
10.3 	from operating a snowmobile or all-terrain vehicle.
10.4 	(d) Administrative and judicial review of the operating
10.5 	privileges prohibition is governed by section 97B.066,
10.6 	subdivisions 7 to 9, if the person does not have a prior
10.7 	impaired driving conviction or prior license revocation, as
10.8 	defined in section 169A.03.  Otherwise, administrative and
10.9 	judicial review of the prohibition is governed by section
10.10 	169A.53.
10.11 	(e) The court shall promptly forward to the commissioner
10.12 	and the Department of Public Safety copies of all convictions
10.13 	and criminal and civil sanctions imposed under this section and
10.14 	chapter chapters 169 and 169A relating to snowmobiles and
10.15 	all-terrain vehicles.
10.16 	(f) A person who violates paragraph (a) or (b), or an
10.17 	ordinance in conformity with either of them, is guilty of a
10.18 	misdemeanor.  A person who operates a snowmobile or all-terrain
10.19 	vehicle during the time period the person is prohibited from
10.20 	operating a vehicle under paragraph (c) is guilty of a
10.21 	misdemeanor.

10.22 	Sec. 12. Minnesota Statutes 2004, section 84.925,
10.23 	subdivision 1, is amended to read:
10.24 		Subdivision 1.Program established.  (a) The commissioner
10.25 	shall establish a comprehensive all-terrain vehicle
10.26 	environmental and safety education and training program,
10.27 	including the preparation and dissemination of vehicle
10.28 	information and safety advice to the public, the training of
10.29 	all-terrain vehicle operators, and the issuance of all-terrain
10.30 	vehicle safety certificates to vehicle operators over the age of
10.31 	12 years who successfully complete the all-terrain vehicle
10.32 	environmental and safety education and training course.
10.33 	(b) For the purpose of administering the program and to
10.34 	defray a portion of the expenses of training and certifying
10.35 	vehicle operators, the commissioner shall collect a fee of $15
10.36 	from each person who receives the training.  The commissioner
11.1 	shall collect a fee, to include a $1 issuing fee for licensing
11.2 	agents,for issuing a duplicate all-terrain vehicle safety
11.3 	certificate.  The commissioner shall establish the fee for a
11.4 	duplicate all-terrain vehicle safety certificate that neither
11.5 	significantly overrecovers nor underrecovers costs, including
11.6 	overhead costs, involved in providing the service.  Fee
11.7 	proceeds, except for the issuing fee for licensing agents under
11.8 	this subdivision,shall be deposited in the all-terrain vehicle
11.9 	account in the natural resources fund.
11.10 	(c) The commissioner shall cooperate with private
11.11 	organizations and associations, private and public corporations,
11.12 	and local governmental units in furtherance of the program
11.13 	established under this section.  School districts may cooperate
11.14 	with the commissioner and volunteer instructors to provide space
11.15 	for the classroom portion of the training.  The commissioner
11.16 	shall consult with the commissioner of public safety in regard
11.17 	to training program subject matter and performance testing that
11.18 	leads to the certification of vehicle operators.  By June 30,
11.19 	2003, the commissioner shall incorporate a riding component in
11.20 	the safety education and training program.

11.21 	Sec. 13. Minnesota Statutes 2004, section 84.9256,
11.22 	subdivision 1, is amended to read:
11.23 		Subdivision 1.Prohibitions on youthful operators.  (a)
11.24 	Except for operation on public road rights-of-way that is
11.25 	permitted under section 84.928, a driver's license issued by the
11.26 	state or another state is required to operate an all-terrain
11.27 	vehicle along or on a public road right-of-way.
11.28 	(b) A person under 12 years of age shall not:
11.29 	(1) make a direct crossing of a public road right-of-way;
11.30 	(2) operate an all-terrain vehicle on a public road
11.31 	right-of-way in the state; or
11.32 	(3) operate an all-terrain vehicle on public lands or
11.33 	waters.
11.34 	(c) Except for public road rights-of-way of interstate
11.35 	highways, a person 12 years of age but less than 16 years may
11.36 	make a direct crossing of a public road right-of-way of a trunk,
12.1 	county state-aid, or county highway or operate on public lands
12.2 	and waters, only if that person possesses a valid all-terrain
12.3 	vehicle safety certificate issued by the commissioner and is
12.4 	accompanied on another all-terrain vehicle by a person 18 years
12.5 	of age or older who holds a valid driver's license.
12.6 	(d) All-terrain vehicle safety certificates issued by the
12.7 	commissioner to persons 12 years old, but less than 16 years
12.8 	old, are not valid for machines in excess of 90cc engine
12.9 	capacity unless:
12.10 	(1) the person successfully completed the safety education
12.11 	and training program under section 84.925, subdivision 1,
12.12 	including a riding component; and 
12.13 	(2) the riding component of the training was conducted
12.14 	using an all-terrain vehicle with over 90cc engine capacity; and 
12.15 	(3) the person is able to properly reach and control the
12.16 	handle bars and reach the foot pegs while sitting upright on the
12.17 	seat of the all-terrain vehicle.

12.18 	Sec. 14. Minnesota Statutes 2004, section 84D.03,
12.19 	subdivision 4, is amended to read:
12.20 		Subd. 4.Commercial fishing and turtle, frog, and
12.21 	crayfish harvesting restrictions in infested and noninfested
12.22 	waters.  (a) All nets, traps, buoys, anchors, stakes, and lines
12.23 	used for commercial fishing or turtle, frog, or crayfish
12.24 	harvesting in an infested waters,water that is designated
12.25 	because the waters contain it contains invasive fish or
12.26 	invertebrates, may not be used in noninfested any other waters.
12.27 	If a commercial licensee operates in both noninfested waters and 
12.28 	an infested waters water designated because the waters contain 
12.29 	it contains invasive fish or invertebrates and other waters, all
12.30 	nets, traps, buoys, anchors, stakes, and lines used for
12.31 	commercial fishing or turtle, frog, or crayfish harvesting in
12.32 	noninfested waters not designated as infested with invasive fish
12.33 	or invertebrates must be tagged with tags provided by the
12.34 	commissioner, as specified in the commercial licensee's license
12.35 	or permit, and may not be used in infested waters designated
12.36 	because the waters contain invasive fish or invertebrates.
13.1 	(b) In infested waters designated solely because the waters
13.2 	contain Eurasian water milfoil,All nets, traps, buoys, anchors,
13.3 	stakes, and lines used for commercial fishing or turtle, frog,
13.4 	or crayfish harvesting in an infested water that is designated
13.5 	solely because it contains Eurasian water milfoil must be dried
13.6 	for a minimum of ten days or frozen for a minimum of two days
13.7 	before they are used in noninfested any other waters, except as
13.8 	provided in this paragraph.  Commercial operators licensees must
13.9 	notify the department's regional or area fisheries office or a
13.10 	conservation officer when before removing nets or equipment from
13.11 	an infested waters water designated solely because it contains
13.12 	Eurasian water milfoil and before resetting those nets or
13.13 	equipment in noninfested any other waters. All aquatic
13.14 	macrophytes Upon such notification, the commissioner may
13.15 	authorize a commercial licensee to move nets or equipment to
13.16 	another water without freezing or drying, if that water is
13.17 	designated as infested solely because it contains Eurasian water
13.18 	milfoil.
13.19 	(c) A commercial licensee must be removed remove all
13.20 	aquatic macrophytes from nets and other equipment when the nets
13.21 	and equipment are removed from infested waters of the state.
13.22 	(d) The commissioner shall provide a commercial licensee
13.23 	with a current listing of designated infested waters at the time
13.24 	that a license or permit is issued.

13.25 	Sec. 15. Minnesota Statutes 2004, section 85.052,
13.26 	subdivision 4, is amended to read:
13.27 		Subd. 4.Deposit of fees.  (a) Fees paid for providing
13.28 	contracted products and services within a state park, state
13.29 	recreation area, or wayside,and for special state park uses
13.30 	under this section shall be deposited in the natural resources
13.31 	fund and credited to a state parks account. Money in the
13.32 	account is annually appropriated to the commissioner to operate
13.33 	and maintain the state park system.
13.34 	(b) Gross receipts derived from sales, rentals, or leases
13.35 	of natural resources within state parks, recreation areas, and
13.36 	waysides, other than those on trust fund lands, must be
14.1 	deposited in the state treasury and credited to the general fund.

14.2 	Sec. 16. Minnesota Statutes 2004, section 85.053,
14.3 	subdivision 1, is amended to read:
14.4 		Subdivision 1.Form, issuance, validity.  (a) The
14.5 	commissioner shall prepare and provide state park permits for
14.6 	each calendar year that state a motor vehicle may enter and use
14.7 	state parks, state recreation areas, and state waysides over 50
14.8 	acres in area.  State park permits must be available and placed
14.9 	on sale by January 1 of the calendar year that the permit is
14.10 	valid in which the permits are to be issued.  A separate
14.11 	motorcycle permit may be prepared and provided by the
14.12 	commissioner.
14.13 	(b) An annual state park permit must be affixed when
14.14 	purchased and may be used from the time it is affixed purchased 
14.15 	for a 12-month period.  State park permits in each category must
14.16 	be numbered consecutively for each year of issue.
14.17 	(c) State park permits shall be issued by employees of the
14.18 	Division of Parks and Recreation as designated by the
14.19 	commissioner.  State park permits also may be consigned to and
14.20 	issued by agents designated by the commissioner who are not
14.21 	employees of the Division of Parks and Recreation.  All proceeds
14.22 	from the sale of permits and all unsold permits consigned to
14.23 	agents shall be returned to the commissioner at such times as
14.24 	the commissioner may direct, but no later than the end of the
14.25 	calendar year for which the permits are effective issued.  No
14.26 	part of the permit fee may be retained by an agent.  An
14.27 	additional charge or fee in an amount to be determined by the
14.28 	commissioner, but not to exceed four percent of the price of the
14.29 	permit, may be collected and retained by an agent for handling
14.30 	or selling the permits.

14.31 	Sec. 17. Minnesota Statutes 2004, section 85.053,
14.32 	subdivision 2, is amended to read:
14.33 		Subd. 2.Requirement.  Except as provided in section
14.34 	85.054, a motor vehicle may not enter a state park, state
14.35 	recreation area, or state wayside over 50 acres in area, without
14.36 	a state park permit issued under this section.  Except for
15.1 	vehicles permitted under subdivision 7, paragraph (a), clause
15.2 	(2), the state park permit must be affixed to the lower right
15.3 	corner windshield of the motor vehicle and must be completely
15.4 	affixed by its own adhesive to the windshield, or the
15.5 	commissioner may, by written order, provide an alternative means
15.6 	to display and validate annual permits.

15.7 	Sec. 18. Minnesota Statutes 2004, section 85.054, is
15.8 	amended by adding a subdivision to read:
15.9 		Subd. 11.Big bog state recreation area. A state park
15.10 	permit is not required and a fee may not be charged for motor
15.11 	vehicle entry or parking at the parking area located north of
15.12 	Tamarac River in the southern unit of Big Bog State Recreation
15.13 	Area, Beltrami County.

15.14 	Sec. 19. Minnesota Statutes 2004, section 85.055, is
15.15 	amended by adding a subdivision to read:
15.16 		Subd. 1b.Discounts. Except as otherwise specified in
15.17 	law, and notwithstanding section 16A.1285, subdivision 2, the
15.18 	commissioner may, by written order, authorize waiver or
15.19 	reduction of state park entrance fees.

15.20 	Sec. 20. Minnesota Statutes 2004, section 85.055,
15.21 	subdivision 2, is amended to read:
15.22 		Subd. 2.Fee deposit and appropriation.  The fees
15.23 	collected under this section shall be deposited in the natural
15.24 	resources fund and credited to a the state parks account. Money
15.25 	in the account, except for the electronic licensing system
15.26 	commission established by the commissioner under section 84.027,
15.27 	subdivision 15, is annually appropriated to the commissioner to
15.28 	operate and maintain the state park system.

15.29 	Sec. 21. Minnesota Statutes 2004, section 85.43, is
15.30 	amended to read:
15.31 	85.43 DISPOSITION OF RECEIPTS; PURPOSE.
15.32 	(a) Fees from cross-country ski passes shall be deposited
15.33 	in the state treasury and credited to a cross-country ski
15.34 	account in the natural resources fund and, except as provided in
15.35 	paragraph (b) for the electronic licensing system commission
15.36 	established by the commissioner under section 84.027,
16.1 	subdivision 15, are appropriated to the commissioner of natural
16.2 	resources for:
16.3 	(1) grants-in-aid for cross-country ski trails sponsored by
16.4 	local units of government and special park districts as provided
16.5 	in section 85.44; and
16.6 	(2) maintenance, winter grooming, and associated
16.7 	administrative costs for cross-country ski trails under the
16.8 	jurisdiction of the commissioner.
16.9 	(b) The commissioner shall retain for the operation of the
16.10 	electronic licensing system a commission of 4.7 percent of all
16.11 	cross-country ski pass fees collected.

16.12 	Sec. 22. [86B.706] WATER RECREATION ACCOUNT; RECEIPTS AND
16.13 	PURPOSE.
16.14 		Subdivision 1.Creation. The water recreation account is
16.15 	created in the state treasury in the natural resources fund.
16.16 		Subd. 2.Money deposited in account. The following shall
16.17 	be deposited in the state treasury and credited to the water
16.18 	recreation account:
16.19 	(1) fees and surcharges from titling and licensing of
16.20 	watercraft under this chapter;
16.21 	(2) fines, installment payments, and forfeited bail
16.22 	according to section 86B.705, subdivision 2;
16.23 	(3) civil penalties according to section 84D.13;
16.24 	(4) mooring fees and receipts from the sale of marine gas
16.25 	at state-operated or state-assisted small craft harbors and
16.26 	mooring facilities according to section 86A.21;
16.27 	(5) the unrefunded gasoline tax attributable to watercraft
16.28 	use under section 296A.18; and 
16.29 	(6) fees for permits issued to control or harvest aquatic
16.30 	plants other than wild rice under section 103G.615, subdivision
16.31 	2.
16.32 		Subd. 3.Purposes. The money in the account may be
16.33 	expended only as appropriated by law for the following purposes:
16.34 	(1) as directed under section 296A.18, subdivision 2, for
16.35 	acquisition, development, maintenance, and rehabilitation of
16.36 	public water access and boating facilities on public waters;
17.1 	lake and river improvements; and boat and water safety;
17.2 	(2) from the fees collected at state-operated or
17.3 	state-assisted small craft harbors and mooring facilities from
17.4 	daily and seasonal moorings and the sale of marine gas, for
17.5 	maintenance, operation, replacement, and expansion of these
17.6 	facilities and for the debt service on state bonds sold to
17.7 	finance these facilities;
17.8 	(3) for administration and enforcement of this chapter as
17.9 	it pertains to titling and licensing of watercraft and use and
17.10 	safe operation of watercraft, grants for county-sponsored and
17.11 	administered boat and water safety programs, and state boat and
17.12 	water safety efforts;
17.13 	(4) for management of aquatic invasive species and the
17.14 	implementation of chapter 84D as it pertains to aquatic invasive
17.15 	species, including control, public awareness, law enforcement,
17.16 	assessment and monitoring, management planning, and research;
17.17 	and 
17.18 	(5) for management of aquatic plants and the implementation
17.19 	of section 103G.615 as it pertains to aquatic plants, including
17.20 	plant removal permitting, control, public awareness, law
17.21 	enforcement, assessment and monitoring, management planning, and
17.22 	research.

17.23 	Sec. 23. Minnesota Statutes 2004, section 88.6435,
17.24 	subdivision 4, is amended to read:
17.25 		Subd. 4.forest bough account;disposition of permit fees
17.26 	and penalties. (a) The forest bough account is established in
17.27 	the state treasury within the natural resources fund.
17.28 	(b) Fees for permits issued under this section shall be
17.29 	deposited in the state treasury and credited to the special
17.30 	revenue fund forest bough account and, except for the electronic
17.31 	licensing system commission established by the commissioner
17.32 	under section 84.027, subdivision 15,are annually appropriated
17.33 	to the commissioner of natural resources for costs associated
17.34 	with balsam bough educational programs for harvesters and buyers.

17.35 	Sec. 24. Minnesota Statutes 2004, section 97A.055,
17.36 	subdivision 4b, is amended to read:
18.1 		Subd. 4b.Citizen oversight subcommittees.  (a) The
18.2 	commissioner shall appoint subcommittees of affected persons to
18.3 	review the reports prepared under subdivision 4; review the
18.4 	proposed work plans and budgets for the coming year; propose
18.5 	changes in policies, activities, and revenue enhancements or
18.6 	reductions; review other relevant information; and make
18.7 	recommendations to the legislature and the commissioner for
18.8 	improvements in the management and use of money in the game and
18.9 	fish fund.
18.10 	(b) The commissioner shall appoint the following
18.11 	subcommittees, each comprised of at least three affected persons:
18.12 	(1) a Fisheries Operations Subcommittee to review fisheries
18.13 	funding, excluding activities related to trout and salmon stamp
18.14 	funding;
18.15 	(2) a Wildlife Operations Subcommittee to review wildlife
18.16 	funding, excluding activities related to migratory waterfowl,
18.17 	pheasant, and turkey stamp funding and excluding review of the
18.18 	amounts available under section 97A.075, subdivision 1,
18.19 	paragraphs (b) and (c);
18.20 	(3) a Big Game Subcommittee to review the report required
18.21 	in subdivision 4, paragraph (a), clause (2);
18.22 	(4) an Ecological Services Operations Subcommittee to
18.23 	review ecological services funding;
18.24 	(5) a subcommittee to review game and fish fund funding of
18.25 	enforcement, support services, and Department of Natural
18.26 	Resources administration;
18.27 	(6) a subcommittee to review the trout and salmon stamp
18.28 	report and address funding issues related to trout and salmon;
18.29 	(7) a subcommittee to review the report on the migratory
18.30 	waterfowl stamp and address funding issues related to migratory
18.31 	waterfowl;
18.32 	(8) a subcommittee to review the report on the pheasant
18.33 	stamp and address funding issues related to pheasants; and
18.34 	(9) a subcommittee to review the report on the turkey stamp
18.35 	and address funding issues related to wild turkeys.
18.36 	(c) The chairs of each of the subcommittees shall form a
19.1 	Budgetary Oversight Committee to coordinate the integration of
19.2 	the subcommittee reports into an annual report to the
19.3 	legislature; recommend changes on a broad level in policies,
19.4 	activities, and revenue enhancements or reductions; provide a
19.5 	forum to address issues that transcend the subcommittees; and
19.6 	submit a report for any subcommittee that fails to submit its
19.7 	report in a timely manner.
19.8 	(d) The Budgetary Oversight Committee shall develop
19.9 	recommendations for a biennial budget plan and report for
19.10 	expenditures on game and fish activities.  By August 15 of each
19.11 	even-numbered year, the committee shall submit the budget plan
19.12 	recommendations to the commissioner and to the senate and house
19.13 	committees with jurisdiction over natural resources finance.
19.14 	(e) Each subcommittee shall choose its own chair, except
19.15 	that the chair of the Budgetary Oversight Committee shall be
19.16 	appointed by the commissioner and may not be the chair of any of
19.17 	the subcommittees.
19.18 	(f) The Budgetary Oversight Committee must make
19.19 	recommendations to the commissioner and to the senate and house
19.20 	committees with jurisdiction over natural resources finance for
19.21 	outcome goals from expenditures.
19.22 	(g) Notwithstanding section 15.059, subdivision 5, or other
19.23 	law to the contrary, the Budgetary Oversight Committee and
19.24 	subcommittees do not expire until June 30, 2005 2010.
19.25 	
EFFECTIVE DATE. This section is effective the day
19.26 	following final enactment.

19.27 	Sec. 25. Minnesota Statutes 2004, section 97A.093, is
19.28 	amended to read:
19.29 	97A.093 HUNTING, TRAPPING, AND FISHING IN SCIENTIFIC AND
19.30 	NATURAL AREAS.
19.31 	Except as otherwise provided by law, scientific and natural
19.32 	areas are closed to hunting, trapping, and fishing unless:
19.33 	(1) for scientific and natural areas designated before May
19.34 	15, 1992,the designating document allows hunting, trapping, or
19.35 	fishing; or
19.36 	(2) for other scientific and natural areas,the
20.1 	commissioner allows hunting, trapping, or fishing in accordance
20.2 	with the procedure in section 86A.05, subdivision 5, paragraph
20.3 	(d).

20.4 	EFFECTIVE DATE. This section is effective the day
20.5 	following final enactment.

20.6 	Sec. 26. Minnesota Statutes 2004, section 97A.135,
20.7 	subdivision 2a, is amended to read:
20.8 		Subd. 2a.Disposal of land in wildlife management areas.
 20.9 	(a) The commissioner may sell or exchange land in a wildlife
20.10 	management area authorized by designation under section 86A.07,
20.11 	subdivision 3, 97A.133, or 97A.145 if the commissioner vacates
20.12 	the designation before the sale or exchange in accordance with
20.13 	this subdivision.  The designation may be vacated only if the
20.14 	commissioner finds, after a public hearing, that the disposal of
20.15 	the land is in the public interest.
20.16 	(b) A sale under this subdivision is subject to sections
20.17 	94.09 to 94.16.  An exchange under this subdivision is subject
20.18 	to sections 94.341 to 94.348 94.347.
20.19 	(c) Revenue received from a sale authorized under paragraph
20.20 	(a) is appropriated to the commissioner for acquisition of
20.21 	replacement wildlife management lands.
20.22 	(d) Land acquired by the commissioner under this
20.23 	subdivision must meet the criteria in section 86A.05,
20.24 	subdivision 8, and as soon as possible after the acquisition
20.25 	must be designated as a wildlife management area under section
20.26 	86A.07, subdivision 3, 97A.133, or 97A.145.
20.27 	(e) In acquiring land under this subdivision, the
20.28 	commissioner must give priority to land within the same
20.29 	geographic region of the state as the land conveyed.

20.30 	Sec. 27. Minnesota Statutes 2004, section 97A.465, is
20.31 	amended by adding a subdivision to read:
20.32 		Subd. 5.Preference to service members. (a) For purposes
20.33 	of this subdivision:
20.34 	(1) "qualified service member or veteran" means a Minnesota
20.35 	resident who is currently serving, or has served at any time
20.36 	during the past 24 months, in active service as a member of the
21.1 	United States armed forces, including the National Guard or
21.2 	other military reserves; and 
21.3 	(2) "active service" means service defined under section
21.4 	190.05, subdivision 5b or 5c.
21.5 	(b) Notwithstanding any other provision of this chapter,
21.6 	chapter 97B or 97C, or administrative rules, the commissioner
21.7 	may give first preference to qualified service members or
21.8 	veterans in any drawing or lottery involving the selection of
21.9 	applicants for hunting or fishing licenses and permits.  This
21.10 	subdivision does not apply to licenses or permits for taking
21.11 	moose, elk, or prairie chickens.  Actions of the commissioner
21.12 	under this subdivision are not rules under the Administrative
21.13 	Procedures Act and section 14.386 does not apply.
21.14 	
EFFECTIVE DATE. This section is effective the day
21.15 	following final enactment.

21.16 	Sec. 28. Minnesota Statutes 2004, section 97A.4742,
21.17 	subdivision 4, is amended to read:
21.18 		Subd. 4.Annual report.  By December 15 each year, the
21.19 	commissioner shall submit a report to the legislative committees
21.20 	having jurisdiction over environment and natural resources
21.21 	appropriations and environment and natural resources policy.
21.22 	The report shall state the amount of revenue received in and
21.23 	expenditures made from revenue transferred from the lifetime
21.24 	fish and wildlife trust fund to the game and fish fund and shall
21.25 	describe projects funded, locations of the projects, and results
21.26 	and benefits from the projects.  The report may be included in
21.27 	the game and fish fund report required by section 97A.055,
21.28 	subdivision 4.  The commissioner shall make the annual report
21.29 	available to the public.

21.30 	Sec. 29. Minnesota Statutes 2004, section 97A.485,
21.31 	subdivision 7, is amended to read:
21.32 		Subd. 7.Electronic licensing system commission.  The
21.33 	commissioner shall retain for the operation of the electronic
21.34 	licensing system a commission of 4.7 percent of the commission
21.35 	established under section 84.027, subdivision 15, and issuing
21.36 	fees collected by the commissioner on all license fees
22.1 	collected, excluding:
22.2 	(1) the small game surcharge; and 
22.3 	(2) all issuing fees; and 
22.4 	(3) $2.50 of the license fee for the licenses in section
22.5 	97A.475, subdivisions 6, clauses (1), (2), and (4), 7, 8, 12,
22.6 	and 13.

22.7 	Sec. 30. Minnesota Statutes 2004, section 97B.015,
22.8 	subdivision 1, is amended to read:
22.9 		Subdivision 1.Establishment.  The commissioner shall
22.10 	make rules establishing establish a statewide course in the safe
22.11 	use of firearms and identification of wild mammals and
22.12 	birds. At least one course must be held within the boundary of
22.13 	each school district.The courses must be conducted by the
22.14 	commissioner in cooperation with other organizations.  The
22.15 	courses must instruct youths in commonly accepted principles of
22.16 	safety in hunting and handling common hunting firearms and
22.17 	identification of various species of wild mammals and birds by
22.18 	sight and other unique characteristics.

22.19 	Sec. 31. Minnesota Statutes 2004, section 97B.015,
22.20 	subdivision 2, is amended to read:
22.21 		Subd. 2.Administration, supervision, and enforcement.
 22.22 	(a) The commissioner shall appoint a qualified person from the
22.23 	Enforcement Division under civil service rules as supervisor of
22.24 	hunting safety and prescribe the duties and responsibilities of
22.25 	the position.  The commissioner shall determine and provide the
22.26 	Enforcement Division with the necessary personnel for this
22.27 	section.
22.28 	(b) The commissioner may appoint one or more county
22.29 	directors of hunting safety in each county.  An appointed county
22.30 	director is responsible to the Enforcement Division.The
22.31 	Enforcement Division may appoint instructors necessary for this
22.32 	section. County directors and Instructors shall serve on a
22.33 	voluntary basis without compensation.  The Enforcement Division
22.34 	must supply the materials necessary for the course.  School
22.35 	districts may cooperate with the commissioner and volunteer
22.36 	instructors to provide space for the classroom portion of the
23.1 	training.

23.2 	Sec. 32. Minnesota Statutes 2004, section 97B.015,
23.3 	subdivision 5, is amended to read:
23.4 		Subd. 5.Firearms safety certificate.  The commissioner
23.5 	shall issue a firearms safety certificate to a person that
23.6 	satisfactorily completes the required course of instruction.  A
23.7 	person must be at least age 11 to take the firearms safety
23.8 	course and may receive a firearms safety certificate, but the
23.9 	certificate is not valid for hunting until the person is at
23.10 	least reaches age 12. A person who is age 11 and has a firearms
23.11 	safety certificate may purchase a deer, bear, turkey, or prairie
23.12 	chicken license that will become valid when the person reaches
23.13 	age 12.A firearms safety certificate issued to a person under
23.14 	age 12 by another state as provided in section 97B.020 is not
23.15 	valid for hunting in Minnesota until the person reaches age 12.
23.16 	The form and content of the firearms safety certificate shall be
23.17 	prescribed by the commissioner.

23.18 	Sec. 33. Minnesota Statutes 2004, section 97B.015,
23.19 	subdivision 7, is amended to read:
23.20 		Subd. 7.Fee for duplicate certificate.  The commissioner
23.21 	shall collect a fee, to include a $1 issuing fee for licensing
23.22 	agents,for issuing a duplicate firearms safety certificate.
23.23 	The commissioner shall establish a fee that neither
23.24 	significantly overrecovers nor underrecovers costs, including
23.25 	overhead costs, involved in providing the service.  The fee is
23.26 	not subject to the rulemaking provisions of chapter 14 and
23.27 	section 14.386 does not apply.  The commissioner may establish
23.28 	the fee notwithstanding section 16A.1283. The duplicate
23.29 	certificate fees, except for the issuing fee for licensing
23.30 	agents under this subdivision, shall be deposited in the game
23.31 	and fish fund and, except for the electronic licensing system
23.32 	commission established by the commissioner under section 84.027,
23.33 	subdivision 15, and issuing fees collected by the commissioner,
23.34 	are appropriated annually to the Enforcement Division of the
23.35 	Department of Natural Resources for the administration of the
23.36 	firearm safety course program.

24.1 	Sec. 34. Minnesota Statutes 2004, section 97B.020, is
24.2 	amended to read:
24.3 	97B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.
24.4 	(a) Except as provided in this section and section 97A.451,
24.5 	subdivision 3a, a person born after December 31, 1979, may not
24.6 	obtain an annual license to take wild animals by firearms unless
24.7 	the person has:
24.8 	(1) a firearms safety certificate or equivalent
24.9 	certificate,;
24.10 	(2) a driver's license or identification card with a valid
24.11 	firearms safety qualification indicator issued under section
24.12 	171.07, subdivision 13,;
24.13 	(3) a previous hunting license,with a valid firearms
24.14 	safety qualification indicator;or
24.15 	(4) other evidence indicating that the person has completed
24.16 	in this state or in another state a hunter safety course
24.17 	recognized by the department under a reciprocity agreement or
24.18 	certified by the department as substantially similar.
24.19 	(b) A person who is on active duty and has successfully
24.20 	completed basic training in the United States armed forces,
24.21 	reserve component, or National Guard may obtain a hunting
24.22 	license or approval authorizing hunting regardless of whether
24.23 	the person is issued a firearms safety certificate.
24.24 	(b) (c) A person born after December 31, 1979, may not use
24.25 	a lifetime license to take wild animals by firearms, unless the
24.26 	person meets the requirements for obtaining an annual license
24.27 	under paragraph (a) or (b).

24.28 	Sec. 35. Minnesota Statutes 2004, section 97B.025, is
24.29 	amended to read:
24.30 	97B.025 HUNTER AND TRAPPER EDUCATION.
24.31 	(a) The commissioner may establish education courses for
24.32 	hunters and trappers.  The commissioner shall collect a fee from
24.33 	each person attending a course.  A fee, to include a $1 issuing
24.34 	fee for licensing agents,shall be collected for issuing a
24.35 	duplicate certificate.  The commissioner shall establish the
24.36 	fees in a manner that neither significantly overrecovers nor
25.1 	underrecovers costs, including overhead costs, involved in
25.2 	providing the services.  The fees are not subject to the
25.3 	rulemaking provisions of chapter 14 and section 14.386 does not
25.4 	apply.  The commissioner may establish the fees notwithstanding
25.5 	section 16A.1283.  The fees, except for the issuing fee for
25.6 	licensing agents under this subdivision,shall be deposited in
25.7 	the game and fish fund and the amount thereof, except for the
25.8 	electronic licensing system commission established by the
25.9 	commissioner under section 84.027, subdivision 15,is
25.10 	appropriated annually to the Enforcement Division of the
25.11 	Department of Natural Resources for the administration of the
25.12 	program.  In addition to the fee established by the commissioner
25.13 	for each course, instructors may charge each person up to the
25.14 	established fee amount for class materials and expenses.  School
25.15 	districts may cooperate with the commissioner and volunteer
25.16 	instructors to provide space for the classroom portion of the
25.17 	training.
25.18 	(b) The commissioner shall enter into an agreement with a
25.19 	statewide nonprofit trappers association to conduct a trapper
25.20 	education program.  At a minimum, the program must include at
25.21 	least six hours of classroom and in the field training.  The
25.22 	program must include a review of state trapping laws and
25.23 	regulations, trapping ethics, the setting and tending of traps
25.24 	and snares, tagging and registration requirements, and the
25.25 	preparation of pelts.  The association shall be responsible for
25.26 	all costs of conducting the education program, and shall not
25.27 	charge any fee for attending the course.

25.28 	Sec. 36. Minnesota Statutes 2004, section 103F.535,
25.29 	subdivision 1, is amended to read:
25.30 		Subdivision 1.Reservation of marginal land and
25.31 	wetlands.  (a) Marginal land and wetlands are withdrawn from
25.32 	sale or exchange unless:
25.33 	(1) notice of the existence of the nonforested marginal
25.34 	land or wetlands, in a form prescribed by the Board of Water and
25.35 	Soil Resources, is provided to prospective purchasers; and
25.36 	(2) the deed contains a restrictive covenant, in a form
26.1 	prescribed by the Board of Water and Soil Resources, that
26.2 	precludes enrollment of the land in a state-funded program
26.3 	providing compensation for conservation of marginal land or
26.4 	wetlands.
26.5 	(b) This section does not apply to transfers of land by the
26.6 	Board of Water and Soil Resources to correct errors in legal
26.7 	descriptions under section 103F.515, subdivision 8, or to
26.8 	transfers by the commissioner of natural resources for:
26.9 	(1) land that is currently in nonagricultural commercial
26.10 	use if a restrictive covenant would interfere with the
26.11 	commercial use;
26.12 	(2) land in platted subdivisions;
26.13 	(3) conveyances of land to correct errors in legal
26.14 	descriptions under section 84.0273;
26.15 	(4) exchanges of nonagricultural land with the federal
26.16 	government, or exchanges of Class A, Class B, and Class C 
26.17 	riparian nonagricultural land with local units of government
26.18 	under sections 94.342, 94.343, and 94.344, and 94.349;
26.19 	(5) land transferred to political subdivisions for public
26.20 	purposes under sections 84.027, subdivision 10, and 94.10; and
26.21 	(6) land not needed for trail purposes that is sold to
26.22 	adjacent property owners and lease holders under section 85.015,
26.23 	subdivision 1, paragraph (b).
26.24 	(c) This section does not apply to transfers of land by the
26.25 	commissioner of administration or transportation or by the
26.26 	Minnesota Housing Finance Agency, or to transfers of
26.27 	tax-forfeited land under chapter 282 if:
26.28 	(1) the land is in platted subdivisions; or
26.29 	(2) the conveyance is a transfer to correct errors in legal
26.30 	descriptions.
26.31 	(d) This section does not apply to transfers of land by the
26.32 	commissioner of administration or by the Minnesota Housing
26.33 	Finance Agency for:
26.34 	(1) land that is currently in nonagricultural commercial
26.35 	use if a restrictive covenant would interfere with the
26.36 	commercial use; or
27.1 	(2) land transferred to political subdivisions for public
27.2 	purposes under sections 84.027, subdivision 10, and 94.10.

27.3 	Sec. 37. Minnesota Statutes 2004, section 103G.271,
27.4 	subdivision 5, is amended to read:
27.5 		Subd. 5.Prohibition on once-through water use permits.
 27.6 	(a) The commissioner may not, after December 31, 1990, issue a
27.7 	water use permit to increase the volume of appropriation from a
27.8 	groundwater source for a once-through cooling system using in
27.9 	excess of 5,000,000 gallons annually.
27.10 	(b) Once-through system water use permits using in excess
27.11 	of 5,000,000 gallons annually, must be terminated by the
27.12 	commissioner by the end of their design life but not later than
27.13 	December 31, 2010, unless the discharge is into a public water
27.14 	basin within a nature preserve approved by the commissioner and
27.15 	established prior to January 1, 2001.  Existing once-through
27.16 	systems must not be expanded and are required to convert to
27.17 	water efficient alternatives within the design life of existing
27.18 	equipment.
27.19 	(c) Notwithstanding paragraphs (a) and (b), the
27.20 	commissioner, with the approval of the commissioners of health
27.21 	and the Pollution Control Agency, may issue once-through system
27.22 	water use permits on an annual basis for aquifer storage and
27.23 	recovery systems that return all once-through system water to
27.24 	the source aquifer.  Water use permit processing fees in
27.25 	subdivision 6, paragraph (a), apply to all water withdrawals
27.26 	under this paragraph, including any reuse of water returned to
27.27 	the source aquifer.

27.28 	Sec. 38. Minnesota Statutes 2004, section 103G.615,
27.29 	subdivision 2, is amended to read:
27.30 		Subd. 2.Fees.  (a) The commissioner shall establish a
27.31 	fee schedule for permits to control or harvest aquatic plants
27.32 	other than wild rice.  The fees must be set by rule, and section
27.33 	16A.1283 does not apply.  The fees may not exceed $750 per
27.34 	permit based upon the cost of receiving, processing, analyzing,
27.35 	and issuing the permit, and additional costs incurred after the
27.36 	application to inspect and monitor the activities authorized by
28.1 	the permit, and enforce aquatic plant management rules and
28.2 	permit requirements.
28.3 	(b) The fee for a permit for the control of rooted aquatic
28.4 	vegetation is $35 for each contiguous parcel of shoreline owned
28.5 	by an owner.  This fee may not be charged for permits issued in
28.6 	connection with purple loosestrife control or lakewide Eurasian
28.7 	water milfoil control programs.
28.8 	(c) A fee may not be charged to the state or a federal
28.9 	governmental agency applying for a permit.
28.10 	(d) The money received for the permits under this
28.11 	subdivision shall be deposited in the treasury and credited to
28.12 	the game and fish fund water recreation account.

28.13 	Sec. 39. Minnesota Statutes 2004, section 115A.072,
28.14 	subdivision 1, is amended to read:
28.15 		Subdivision 1.Environmental education advisory board.
 28.16 	(a) The director shall provide for the development and
28.17 	implementation of environmental education programs that are
28.18 	designed to meet the goals listed in section 115A.073.
28.19 	(b) The Environmental Education Advisory Board shall advise
28.20 	the director in carrying out the director's responsibilities
28.21 	under this section.  The board consists of 20 members as follows:
28.22 	(1) a representative of the Pollution Control Agency,
28.23 	appointed by the commissioner of the agency;
28.24 	(2) a representative of the Department of Education,
28.25 	appointed by the commissioner of education;
28.26 	(3) a representative of the Department of Agriculture,
28.27 	appointed by the commissioner of agriculture;
28.28 	(4) a representative of the Department of Health, appointed
28.29 	by the commissioner of health;
28.30 	(5) a representative of the Department of Natural
28.31 	Resources, appointed by the commissioner of natural resources;
28.32 	(6) a representative of the Board of Water and Soil
28.33 	Resources, appointed by that board;
28.34 	(7) a representative of the Environmental Quality Board,
28.35 	appointed by that board;
28.36 	(8) a representative of the Board of Teaching, appointed by
29.1 	that board;
29.2 	(9) a representative of the University of Minnesota
29.3 	Extension Service, appointed by the director of the service;
29.4 	(10) a citizen member from each congressional district, of
29.5 	which two must be licensed teachers currently teaching in the
29.6 	K-12 system, appointed by the director; and
29.7 	(11) three at-large citizen members, appointed by the
29.8 	director.
29.9 	The citizen members shall serve two-year terms.  Compensation of
29.10 	board members is governed by section 15.059, subdivision 6.  The
29.11 	board expires on June 30, 2003 2008.

29.12 	Sec. 40. Minnesota Statutes 2004, section 115A.12, is
29.13 	amended to read:
29.14 	115A.12 ADVISORY COUNCILS.
29.15 	(a) The director shall establish a Solid Waste Management
29.16 	Advisory Council and a Prevention, Reduction, and Recycling an
29.17 	Environmental Innovations Advisory Council that are is broadly
29.18 	representative of the geographic areas and interests of the
29.19 	state.
29.20 	(b) The solid waste council shall have not less than nine
29.21 	nor more than 21 members.  The membership of the solid waste
29.22 	council shall consist of one-third citizen representatives,
29.23 	one-third representatives from local government units, and
29.24 	one-third representatives from private solid waste management
29.25 	firms.  The solid waste council shall contain at least three
29.26 	members experienced in the private recycling industry and at
29.27 	least one member experienced in each of the following areas:
29.28 	state and municipal finance; solid waste collection, processing,
29.29 	and disposal; and solid waste reduction and resource recovery.
29.30 	(c) (b) The Prevention, Reduction, and Recycling 
29.31 	Environmental Innovations Advisory Council shall have not less
29.32 	than nine nor or more than 24 members.  The membership shall
29.33 	consist of one-third citizen representatives, one-third
29.34 	representatives of government, institutional,and one-third
29.35 	representatives of business and industry representatives. The
29.36 	director may appoint nonvoting members from other environmental
30.1 	and business assistance providers in the state.
30.2 	(d) (c) The chairs chair of the advisory councils 
30.3 	council shall be appointed by the director.  The director shall
30.4 	provide administrative and staff services for the advisory
30.5 	councils council.  The advisory councils council shall have such
30.6 	duties as are assigned by law or the director.  The Solid Waste
30.7 	Advisory Council shall make recommendations to the office on its
30.8 	solid waste management activities.  The Prevention, Reduction,
30.9 	and Recycling Environmental Innovations Advisory Council shall
30.10 	make recommendations to the office on policy, programs, and
30.11 	legislation in pollution prevention, waste reduction, reuse and ,
30.12 	recycling, and resource conservation, and the management of
30.13 	hazardous waste. The Environmental Innovations Advisory Council
30.14 	shall focus on developing and implementing innovative programs
30.15 	that improve Minnesota's environment by emphasizing front-end
30.16 	preventative, and resource conservation approaches to preventing
30.17 	waste and pollution.  The council shall emphasize partnerships
30.18 	of government, citizens, institutions, and business to develop
30.19 	and implement these programs.Members of the advisory councils 
30.20 	council shall serve without compensation but shall be reimbursed
30.21 	for their reasonable expenses as determined by the director.
30.22 	Notwithstanding section 15.059, subdivision 5, the Solid Waste
30.23 	Management Advisory Council and the Prevention, Reduction, and
30.24 	Recycling Environmental Innovations Advisory Council expire 
30.25 	expires June 30, 2003 2009.

30.26 	Sec. 41. Minnesota Statutes 2004, section 115A.554, is
30.27 	amended to read:
30.28 	115A.554 AUTHORITY OF SANITARY DISTRICTS.
30.29 	A sanitary district has the authorities and duties of
30.30 	counties within the district's boundary for purposes of sections
30.31 	115A.0716; 115A.46, subdivisions 4 and 5; 115A.48; 115A.545;
30.32 	115A.551; 115A.552; 115A.553; 115A.919; 115A.929; 115A.93;
30.33 	115A.96, subdivision 6; 115A.961; 116.072; 375.18, subdivision
30.34 	14; 400.04; 400.06; 400.07;400.08; 400.16; and 400.161.

30.35 	Sec. 42. Minnesota Statutes 2004, section 115A.929, is
30.36 	amended to read:
31.1 	115A.929 FEES; ACCOUNTING.
31.2 	Each political subdivision that provides for solid waste
31.3 	management shall account for all revenue collected from waste
31.4 	management fees, together with interest earned on revenue from
31.5 	the fees, separately from other revenue collected by the
31.6 	political subdivision and shall report revenue collected from
31.7 	the fees and use of the revenue separately from other revenue
31.8 	and use of revenue in any required financial report or audit.
31.9 	Each political subdivision must file with the director, on or
31.10 	before June 30 annually, the separate report of all revenue
31.11 	collected from waste management fees, together with interest on
31.12 	revenue from the fees, for the previous year.For the purposes
31.13 	of this section, "waste management fees" means:
31.14 	(1) all fees, charges, and surcharges collected under
31.15 	sections 115A.919, 115A.921, and 115A.923;
31.16 	(2) all tipping fees collected at waste management
31.17 	facilities owned or operated by the political subdivision;
31.18 	(3) all charges imposed by the political subdivision for
31.19 	waste collection and management services; and
31.20 	(4) any other fees, charges, or surcharges imposed on waste
31.21 	or for the purpose of waste management, whether collected
31.22 	directly from generators or indirectly through property taxes or
31.23 	as part of utility or other charges for services provided by the
31.24 	political subdivision.

31.25 	Sec. 43. Minnesota Statutes 2004, section 115B.49, is
31.26 	amended by adding a subdivision to read:
31.27 		Subd. 4b.Fee adjustment. Notwithstanding section
31.28 	16A.1285, each fiscal year the commissioner shall adjust the
31.29 	fees in subdivision 4 as necessary to maintain an annual income
31.30 	to the account of $650,000.

31.31 	Sec. 44. Minnesota Statutes 2004, section 169A.63,
31.32 	subdivision 6, is amended to read:
31.33 		Subd. 6.Vehicle subject to forfeiture. (a) A motor
31.34 	vehicle is subject to forfeiture under this section if it was
31.35 	used in the commission of a designated offense or was used in
31.36 	conduct resulting in a designated license revocation.
32.1 	(b) Motorboats subject to seizure and forfeiture under this
32.2 	section also include their trailers.

32.3 	Sec. 45. Minnesota Statutes 2004, section 282.08, is
32.4 	amended to read:
32.5 	282.08 APPORTIONMENT OF PROCEEDS TO TAXING DISTRICTS.
32.6 	The net proceeds from the sale or rental of any parcel of
32.7 	forfeited land, or from the sale of products from the forfeited
32.8 	land, must be apportioned by the county auditor to the taxing
32.9 	districts interested in the land, as follows:
32.10 	(1) the amounts necessary to pay the state general tax levy
32.11 	against the parcel for taxes payable in the year for which the
32.12 	tax judgment was entered, and for each subsequent payable year
32.13 	up to and including the year of forfeiture, must be apportioned
32.14 	to the state;
32.15 	(2) the portion required to pay any amounts included in the
32.16 	appraised value under section 282.01, subdivision 3, as
32.17 	representing increased value due to any public improvement made
32.18 	after forfeiture of the parcel to the state, but not exceeding
32.19 	the amount certified by the clerk of the municipality must be
32.20 	apportioned to the municipal subdivision entitled to it;
32.21 	(3) the portion required to pay any amount included in the
32.22 	appraised value under section 282.019, subdivision 5,
32.23 	representing increased value due to response actions taken after
32.24 	forfeiture of the parcel to the state, but not exceeding the
32.25 	amount of expenses certified by the Pollution Control Agency or
32.26 	the commissioner of agriculture, must be apportioned to the
32.27 	agency or the commissioner of agriculture and deposited in the
32.28 	fund from which the expenses were paid;
32.29 	(4) the portion of the remainder required to discharge any
32.30 	special assessment chargeable against the parcel for drainage or
32.31 	other purpose whether due or deferred at the time of forfeiture,
32.32 	must be apportioned to the municipal subdivision entitled to it;
32.33 	and
32.34 	(5) any balance must be apportioned as follows:
32.35 	(i) The county board may annually by resolution set aside
32.36 	no more than 30 percent of the receipts remaining to be used for
33.1 	timber forest development on tax-forfeited land and dedicated
33.2 	memorial forests, to be expended under the supervision of the
33.3 	county board.  It must be expended only on projects approved by
33.4 	the commissioner of natural resources improving the health and
33.5 	management of the forest resource.
33.6 	(ii) The county board may annually by resolution set aside
33.7 	no more than 20 percent of the receipts remaining to be used for
33.8 	the acquisition and maintenance of county parks or recreational
33.9 	areas as defined in sections 398.31 to 398.36, to be expended
33.10 	under the supervision of the county board.
33.11 	(iii) Any balance remaining must be apportioned as
33.12 	follows:  county, 40 percent; town or city, 20 percent; and
33.13 	school district, 40 percent, provided, however, that in
33.14 	unorganized territory that portion which would have accrued to
33.15 	the township must be administered by the county board of
33.16 	commissioners.

33.17 	Sec. 46. Minnesota Statutes 2004, section 282.38,
33.18 	subdivision 1, is amended to read:
33.19 		Subdivision 1.Development.  In any county where the
33.20 	county board by proper resolution sets aside funds for timber 
33.21 	forest development pursuant to section 282.08,
33.22 	clause (3)(a) (5), item (i), or section 459.06, subdivision 2,
33.23 	the Commission commissioner of Iron Range resources and
33.24 	rehabilitation may upon request of the county board assist said
33.25 	county in carrying out any project for the long range
33.26 	development of its timber forest resources through matching of
33.27 	funds or otherwise, provided that any such project shall first
33.28 	be approved by the commissioner of natural resources.

33.29 	Sec. 47. Minnesota Statutes 2004, section 296A.18,
33.30 	subdivision 2, is amended to read:
33.31 		Subd. 2.Motorboat.  Approximately 1-1/2 percent of all
33.32 	gasoline received in this state and 1-1/2 percent of all
33.33 	gasoline produced or brought into this state, except gasoline
33.34 	used for aviation purposes, is being used as fuel for the
33.35 	operation of motorboats on the waters of this state and of the
33.36 	total revenue derived from the imposition of the gasoline fuel
34.1 	tax for uses other than for aviation purposes, 1-1/2 percent of
34.2 	such revenues is the amount of tax on fuel used in motorboats
34.3 	operated on the waters of this state.  The amount of unrefunded
34.4 	tax paid on gasoline used for motor boat purposes as computed in
34.5 	this chapter shall be paid into the state treasury and credited
34.6 	to a water recreation account in the special revenue fund for
34.7 	acquisition, development, maintenance, and rehabilitation of
34.8 	sites for public access and boating facilities on public waters;
34.9 	lake and river improvement; state park development;and boat and
34.10 	water safety.

34.11 	Sec. 48. Minnesota Statutes 2004, section 349.12,
34.12 	subdivision 25, is amended to read:
34.13 		Subd. 25.Lawful purpose.  (a) "Lawful purpose" means one
34.14 	or more of the following:
34.15 	(1) any expenditure by or contribution to a 501(c)(3) or
34.16 	festival organization, as defined in subdivision 15a, provided
34.17 	that the organization and expenditure or contribution are in
34.18 	conformity with standards prescribed by the board under section
34.19 	349.154, which standards must apply to both types of
34.20 	organizations in the same manner and to the same extent;
34.21 	(2) a contribution to an individual or family suffering
34.22 	from poverty, homelessness, or physical or mental disability,
34.23 	which is used to relieve the effects of that poverty,
34.24 	homelessness, or disability;
34.25 	(3) a contribution to an individual for treatment for
34.26 	delayed posttraumatic stress syndrome or a contribution to a
34.27 	program recognized by the Minnesota Department of Human Services
34.28 	for the education, prevention, or treatment of compulsive
34.29 	gambling;
34.30 	(4) a contribution to or expenditure on a public or private
34.31 	nonprofit educational institution registered with or accredited
34.32 	by this state or any other state;
34.33 	(5) a contribution to a scholarship fund for defraying the
34.34 	cost of education to individuals where the funds are awarded
34.35 	through an open and fair selection process;
34.36 	(6) activities by an organization or a government entity
35.1 	which recognize humanitarian or military service to the United
35.2 	States, the state of Minnesota, or a community, subject to rules
35.3 	of the board, provided that the rules must not include mileage
35.4 	reimbursements in the computation of the per diem reimbursement
35.5 	limit and must impose no aggregate annual limit on the amount of
35.6 	reasonable and necessary expenditures made to support:
35.7 	(i) members of a military marching or color guard unit for
35.8 	activities conducted within the state;
35.9 	(ii) members of an organization solely for services
35.10 	performed by the members at funeral services; or
35.11 	(iii) members of military marching, color guard, or honor
35.12 	guard units may be reimbursed for participating in color guard,
35.13 	honor guard, or marching unit events within the state or states
35.14 	contiguous to Minnesota at a per participant rate of up to $35
35.15 	per diem;
35.16 	(7) recreational, community, and athletic facilities and
35.17 	activities intended primarily for persons under age 21, provided
35.18 	that such facilities and activities do not discriminate on the
35.19 	basis of gender and the organization complies with section
35.20 	349.154;
35.21 	(8) payment of local taxes authorized under this chapter,
35.22 	taxes imposed by the United States on receipts from lawful
35.23 	gambling, the taxes imposed by section 297E.02, subdivisions 1,
35.24 	4, 5, and 6, and the tax imposed on unrelated business income by
35.25 	section 290.05, subdivision 3;
35.26 	(9) payment of real estate taxes and assessments on
35.27 	permitted gambling premises wholly owned by the licensed
35.28 	organization paying the taxes, or wholly leased by a licensed
35.29 	veterans organization under a national charter recognized under
35.30 	section 501(c)(19) of the Internal Revenue Code, not to exceed:
35.31 	(i) for premises used for bingo, the amount that an
35.32 	organization may expend under board rules on rent for bingo; and
35.33 	(ii) $35,000 per year for premises used for other forms of
35.34 	lawful gambling;
35.35 	(10) a contribution to the United States, this state or any
35.36 	of its political subdivisions, or any agency or instrumentality
36.1 	thereof other than a direct contribution to a law enforcement or
36.2 	prosecutorial agency;
36.3 	(11) a contribution to or expenditure by a nonprofit
36.4 	organization which is a church or body of communicants gathered
36.5 	in common membership for mutual support and edification in
36.6 	piety, worship, or religious observances;
36.7 	(12) payment of the reasonable costs of an audit required
36.8 	in section 297E.06, subdivision 4, provided the annual audit is
36.9 	filed in a timely manner with the Department of Revenue;
36.10 	(13) a contribution to or expenditure on a wildlife
36.11 	management project that benefits the public at-large, provided
36.12 	that the state agency with authority over that wildlife
36.13 	management project approves the project before the contribution
36.14 	or expenditure is made;
36.15 	(14) expenditures, approved by the commissioner of natural
36.16 	resources, by an organization for grooming and maintaining
36.17 	snowmobile trails and all-terrain vehicle trails that are (1)
36.18 	grant-in-aid trails established under section 85.019, or (2)
36.19 	other trails open to public use, including purchase or lease of
36.20 	equipment for this purpose;projects or activities approved by
36.21 	the commissioner of natural resources for:
36.22 	(i) wildlife management projects that benefit the public at
36.23 	large;
36.24 	(ii) grant-in-aid trail maintenance and grooming
36.25 	established under sections 84.83 and 84.927 and other trails
36.26 	open to public use, including purchase or lease of equipment for
36.27 	this purpose; or 
36.28 	(iii) supplies and materials for safety training and
36.29 	educational programs coordinated by the Department of Natural
36.30 	Resources, including the Enforcement Division;
36.31 	(15) (14) conducting nutritional programs, food shelves,
36.32 	and congregate dining programs primarily for persons who are age
36.33 	62 or older or disabled;
36.34 	(16) (15) a contribution to a community arts organization,
36.35 	or an expenditure to sponsor arts programs in the community,
36.36 	including but not limited to visual, literary, performing, or
37.1 	musical arts;
37.2 	(17) (16) an expenditure by a licensed veterans
37.3 	organization for payment of water, fuel for heating,
37.4 	electricity, and sewer costs for a building wholly owned or
37.5 	wholly leased by and used as the primary headquarters of the
37.6 	licensed veterans organization;
37.7 	(18) (17) expenditure by a licensed veterans organization
37.8 	of up to $5,000 in a calendar year in net costs to the
37.9 	organization for meals and other membership events, limited to
37.10 	members and spouses, held in recognition of military service.
37.11 	No more than $5,000 can be expended in total per calendar year
37.12 	under this clause by all licensed veterans organizations sharing
37.13 	the same veterans post home; or
37.14 	(19) (18) payment of fees authorized under this chapter
37.15 	imposed by the state of Minnesota to conduct lawful gambling in
37.16 	Minnesota.
37.17 	(b) Notwithstanding paragraph (a), "lawful purpose" does
37.18 	not include:
37.19 	(1) any expenditure made or incurred for the purpose of
37.20 	influencing the nomination or election of a candidate for public
37.21 	office or for the purpose of promoting or defeating a ballot
37.22 	question;
37.23 	(2) any activity intended to influence an election or a
37.24 	governmental decision-making process;
37.25 	(3) the erection, acquisition, improvement, expansion,
37.26 	repair, or maintenance of real property or capital assets owned
37.27 	or leased by an organization, unless the board has first
37.28 	specifically authorized the expenditures after finding that (i)
37.29 	the real property or capital assets will be used exclusively for
37.30 	one or more of the purposes in paragraph (a); (ii) with respect
37.31 	to expenditures for repair or maintenance only, that the
37.32 	property is or will be used extensively as a meeting place or
37.33 	event location by other nonprofit organizations or community or
37.34 	service groups and that no rental fee is charged for the use;
37.35 	(iii) with respect to expenditures, including a mortgage payment
37.36 	or other debt service payment, for erection or acquisition only,
38.1 	that the erection or acquisition is necessary to replace with a
38.2 	comparable building, a building owned by the organization and
38.3 	destroyed or made uninhabitable by fire or natural disaster,
38.4 	provided that the expenditure may be only for that part of the
38.5 	replacement cost not reimbursed by insurance; (iv) with respect
38.6 	to expenditures, including a mortgage payment or other debt
38.7 	service payment, for erection or acquisition only, that the
38.8 	erection or acquisition is necessary to replace with a
38.9 	comparable building a building owned by the organization that
38.10 	was acquired from the organization by eminent domain or sold by
38.11 	the organization to a purchaser that the organization reasonably
38.12 	believed would otherwise have acquired the building by eminent
38.13 	domain, provided that the expenditure may be only for that part
38.14 	of the replacement cost that exceeds the compensation received
38.15 	by the organization for the building being replaced; or (v) with
38.16 	respect to an expenditure to bring an existing building into
38.17 	compliance with the Americans with Disabilities Act under item
38.18 	(ii), an organization has the option to apply the amount of the
38.19 	board-approved expenditure to the erection or acquisition of a
38.20 	replacement building that is in compliance with the Americans
38.21 	with Disabilities Act;
38.22 	(4) an expenditure by an organization which is a
38.23 	contribution to a parent organization, foundation, or affiliate
38.24 	of the contributing organization, if the parent organization,
38.25 	foundation, or affiliate has provided to the contributing
38.26 	organization within one year of the contribution any money,
38.27 	grants, property, or other thing of value;
38.28 	(5) a contribution by a licensed organization to another
38.29 	licensed organization unless the board has specifically
38.30 	authorized the contribution.  The board must authorize such a
38.31 	contribution when requested to do so by the contributing
38.32 	organization unless it makes an affirmative finding that the
38.33 	contribution will not be used by the recipient organization for
38.34 	one or more of the purposes in paragraph (a); or
38.35 	(6) a contribution to a statutory or home rule charter
38.36 	city, county, or town by a licensed organization with the
39.1 	knowledge that the governmental unit intends to use the
39.2 	contribution for a pension or retirement fund.

39.3 	Sec. 49. Minnesota Statutes 2004, section 462.357,
39.4 	subdivision 1e, is amended to read:
39.5 		Subd. 1e.Nonconformities. (a) Any nonconformity,
39.6 	including the lawful use or occupation of land or premises
39.7 	existing at the time of the adoption of an additional control
39.8 	under this chapter, may be continued, including through repair,
39.9 	replacement, restoration, maintenance, or improvement, but not
39.10 	including expansion, unless:
39.11 	(1) the nonconformity or occupancy is discontinued for a
39.12 	period of more than one year; or
39.13 	(2) any nonconforming use is destroyed by fire or other
39.14 	peril to the extent of greater than 50 percent of its market
39.15 	value, and no building permit has been applied for within 180
39.16 	days of when the property is damaged.  In this case, a
39.17 	municipality may impose reasonable conditions upon a building
39.18 	permit in order to mitigate any newly created impact on adjacent
39.19 	property.
39.20 	(b) Any subsequent use or occupancy of the land or premises
39.21 	shall be a conforming use or occupancy.  A municipality may, by
39.22 	ordinance, permit an expansion or impose upon nonconformities
39.23 	reasonable regulations to prevent and abate nuisances and to
39.24 	protect the public health, welfare, or safety.  This subdivision
39.25 	does not prohibit a municipality from enforcing an ordinance
39.26 	that applies to adults-only bookstores, adults-only theaters, or
39.27 	similar adults-only businesses, as defined by ordinance.
39.28 	(c) Notwithstanding paragraph (a), a municipality shall
39.29 	regulate the repair, replacement, maintenance, improvement, or
39.30 	expansion of nonconforming uses and structures in floodplain
39.31 	areas to the extent necessary to maintain eligibility in the
39.32 	National Flood Insurance Program and not increase flood damage
39.33 	potential or increase the degree of obstruction to flood flows
39.34 	in the floodway.

39.35 	Sec. 50. [473.1565] METROPOLITAN AREA WATER SUPPLY
39.36 	PLANNING ACTIVITIES; ADVISORY COMMITTEE.
40.1 		Subdivision 1.Planning activities. (a) The Metropolitan
40.2 	Council must carry out planning activities addressing the water
40.3 	supply needs of the metropolitan area as defined in section
40.4 	473.121, subdivision 2.  The planning activities must include,
40.5 	at a minimum:
40.6 	(1) development and maintenance of a base of technical
40.7 	information needed for sound water supply decisions including
40.8 	surface and groundwater availability analyses, water demand
40.9 	projections, water withdrawal and use impact analyses, modeling,
40.10 	and similar studies;
40.11 	(2) development and periodic update of a metropolitan area
40.12 	master water supply plan that:
40.13 	(i) provides guidance for local water supply systems and
40.14 	future regional investments;
40.15 	(ii) emphasizes conservation, interjurisdictional
40.16 	cooperation, and long-term sustainability; and 
40.17 	(iii) addresses the reliability, security, and
40.18 	cost-effectiveness of the metropolitan area water supply system
40.19 	and its local and subregional components;
40.20 	(3) recommendations for clarifying the appropriate roles
40.21 	and responsibilities of local, regional, and state government in
40.22 	metropolitan area water supply;
40.23 	(4) recommendations for streamlining and consolidating
40.24 	metropolitan area water supply decision-making and approval
40.25 	processes; and 
40.26 	(5) recommendations for the ongoing and long-term funding
40.27 	of metropolitan area water supply planning activities and
40.28 	capital investments.
40.29 	(b) The council must carry out the planning activities in
40.30 	this subdivision in consultation with the Metropolitan Area
40.31 	Water Supply Advisory Committee established in subdivision 2.
40.32 		Subd. 2.Advisory committee. (a) A Metropolitan Area
40.33 	Water Supply Advisory Committee is established to assist the
40.34 	council in its planning activities in subdivision 1.  The
40.35 	advisory committee has the following membership:
40.36 	(1) the commissioner of agriculture or the commissioner's
41.1 	designee;
41.2 	(2) the commissioner of health or the commissioner's
41.3 	designee;
41.4 	(3) the commissioner of natural resources or the
41.5 	commissioner's designee;
41.6 	(4) the commissioner of the Pollution Control Agency or the
41.7 	commissioner's designee;
41.8 	(5) two officials of counties that are located in the
41.9 	metropolitan area, appointed by the governor;
41.10 	(6) five officials of noncounty local governmental units
41.11 	that are located in the metropolitan area, appointed by the
41.12 	governor; and 
41.13 	(7) the chair of the Metropolitan Council or the chair's
41.14 	designee, who is chair of the advisory committee.
41.15 	A local government unit in each of the seven counties in
41.16 	the metropolitan area must be represented in the seven
41.17 	appointments made under clauses (5) and (6).
41.18 	(b) Members of the advisory committee appointed by the
41.19 	governor serve at the pleasure of the governor.  Members of the
41.20 	advisory committee serve without compensation but may be
41.21 	reimbursed for their reasonable expenses as determined by the
41.22 	Metropolitan Council.  The advisory committee expires December
41.23 	31, 2007.
41.24 	(c) The council must consider the work and recommendations
41.25 	of the advisory committee when the council is preparing its
41.26 	regional development framework.
41.27 		Subd. 3.Reports to legislature. The council must submit
41.28 	reports to the legislature regarding its findings,
41.29 	recommendations, and continuing planning activities under
41.30 	subdivision 1.  The first report must be submitted to the
41.31 	legislature by the date the legislature convenes in 2007 and
41.32 	subsequent reports must be submitted by such date every five
41.33 	years thereafter.

41.34 	Sec. 51. Minnesota Statutes 2004, section 473.197,
41.35 	subdivision 4, is amended to read:
41.36 		Subd. 4.Debt reserve; levy.  To provide money to pay
42.1 	debt service on bonds issued under the credit enhancement
42.2 	program if pledged revenues are insufficient to pay debt service 
42.3 	in repealed subdivision 1 of Minnesota Statutes 2004, section
42.4 	473.197, the council must maintain a debt reserve fund in the
42.5 	manner and with the effect provided by section 118A.04 for
42.6 	public funds until such a reserve is no longer pledged or
42.7 	otherwise needed to pay debt service on such bonds. To provide
42.8 	funds for the debt reserve fund, the council may use up to
42.9 	$3,000,000 of the proceeds of solid waste bonds issued by the
42.10 	council under section 473.831 before its repeal.  To provide
42.11 	additional funds for the debt reserve fund, the council may levy
42.12 	a tax on all taxable property in the metropolitan area and must
42.13 	levy the tax If sums in the debt reserve fund are insufficient
42.14 	to cure any deficiency in the debt service fund established for
42.15 	the bonds, the council must levy a tax on all taxable property
42.16 	in the metropolitan area in the amount needed to cure the
42.17 	deficiency.  The tax authorized by this section does not affect
42.18 	the amount or rate of taxes that may be levied by the council
42.19 	for other purposes and is not subject to limit as to rate or
42.20 	amount.
42.21 	
EFFECTIVE DATE. This section is effective the day
42.22 	following final enactment and applies in the counties of Anoka,
42.23 	Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

42.24 	Sec. 52. CONTINUATION OF AGREEMENTS.
 42.25 	An agreement entered into between the Metropolitan Council
42.26 	and a participant in the credit enhancement program under
42.27 	Minnesota Statutes 2004, section 473.197, subdivision 5, with
42.28 	respect to bonds issued prior to the effective date of this
42.29 	section, shall continue in effect in accordance with its terms;
42.30 	provided that no provision in such agreement shall be construed
42.31 	to require or allow the council to pledge its full faith and
42.32 	credit and taxing powers to the payment of additional bonds
42.33 	issued after the effective date of this section.

42.34 	EFFECTIVE DATE. This section is effective the day
42.35 	following final enactment and applies in the counties of Anoka,
42.36 	Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

43.1 	Sec. 53. USE OF CREDIT ENHANCEMENT PROGRAM FUNDS.
 43.2 	The Metropolitan Council must transfer any funds
43.3 	originating from the proceeds of solid waste bonds and available
43.4 	for the credit enhancement program under Minnesota Statutes
43.5 	2004, section 473.197, subdivision 4, to the council's general
43.6 	fund to the extent such funds are no longer pledged or otherwise
43.7 	needed by the council to maintain a debt reserve fund as
43.8 	provided for in ongoing Minnesota Statutes, section 473.197,
43.9 	subdivision 4.  The council must first use the transferred funds
43.10 	for carrying out the metropolitan area water supply planning
43.11 	activities required by Minnesota Statutes, section 473.1565, for
43.12 	staff support of the advisory committee established under that
43.13 	section, and for related purposes.  If the council determines
43.14 	that the transferred funds are no longer needed for such
43.15 	purposes, the council may use any such funds for any general
43.16 	purposes of the council.

43.17 	EFFECTIVE DATE. This section is effective the day
43.18 	following final enactment and applies in the counties of Anoka,
43.19 	Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

43.20 	Sec. 54. REPEALER.
 43.21 	(a) Minnesota Statutes 2004, section 84.033, subdivision 2,
43.22 	is repealed.
43.23 	(b) Minnesota Statutes 2004, section 85.054, subdivision 1,
43.24 	is repealed.
43.25 	(c) Minnesota Statutes 2004, sections 94.343, subdivision
43.26 	6; 94.344, subdivision 6; 94.348; and 94.349, are repealed.
43.27 	(d) Minnesota Statutes 2004, sections 473.156 and 473.197,
43.28 	subdivisions 1, 2, 3, and 5, are repealed effective the day
43.29 	following final enactment.  This paragraph applies in the
43.30 	counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
43.31 	Washington.

43.32 	EFFECTIVE DATE. This section is effective the day
43.33 	following final enactment.