1.1                          A bill for an act 
  1.2             relating to state government; appropriating money for 
  1.3             environmental, natural resources, agricultural, and 
  1.4             economic development purposes; establishing and 
  1.5             modifying certain programs; providing for regulation 
  1.6             of certain activities and practices; providing for 
  1.7             accounts, assessments, and fees; amending Minnesota 
  1.8             Statutes 2004, sections 11A.24, subdivision 6; 13.635, 
  1.9             by adding a subdivision; 16A.125, subdivision 5; 
  1.10            17.03, subdivision 13; 17.117, by adding a 
  1.11            subdivision; 17B.03, subdivision 1; 18B.05, 
  1.12            subdivision 1; 18B.08, subdivision 4; 18B.26, 
  1.13            subdivision 3; 18B.31, subdivision 5; 18B.315, 
  1.14            subdivision 6; 18B.32, subdivision 6; 18B.33, 
  1.15            subdivision 7; 18B.34, subdivision 5; 18C.141, 
  1.16            subdivisions 1, 3, 5; 18C.425, subdivision 6; 18E.03, 
  1.17            subdivision 2; 18G.10, subdivisions 5, 7; 18G.16, 
  1.18            subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 14; 18H.07, 
  1.19            subdivisions 1, 2, 3; 19.64, subdivision 1; 25.341, 
  1.20            subdivision 2; 25.39, subdivisions 1, 4; 41A.09, 
  1.21            subdivisions 2a, 3a, by adding subdivisions; 41B.046, 
  1.22            subdivision 5; 41B.049, subdivision 2; 60A.14, 
  1.23            subdivision 1; 60K.55, subdivision 2; 72A.20, by 
  1.24            adding a subdivision; 72B.04, subdivision 10; 82B.09, 
  1.25            subdivision 1; 84.027, subdivisions 12, 13, 15; 
  1.26            84.0911, subdivision 2; 84.780; 84.788, subdivision 3, 
  1.27            by adding a subdivision; 84.791, subdivision 2; 
  1.28            84.798, by adding a subdivision; 84.82, subdivision 2, 
  1.29            by adding a subdivision; 84.8205, subdivisions 1, 3, 
  1.30            4, 6; 84.83, subdivisions 3, 4; 84.86, subdivision 1; 
  1.31            84.922, subdivision 2, by adding a subdivision; 
  1.32            84.925, subdivision 1; 84D.03, subdivision 4; 85.054, 
  1.33            subdivision 1, by adding a subdivision; 85.055, 
  1.34            subdivision 2, by adding a subdivision; 85.43; 
  1.35            86B.415, by adding a subdivision; 88.6435, subdivision 
  1.36            4; 89.039, subdivision 1; 89.37, by adding a 
  1.37            subdivision; 90.195; 97A.055, subdivision 4b; 97A.061, 
  1.38            subdivision 1; 97A.075, subdivision 3; 97A.4742, 
  1.39            subdivision 4; 97A.482; 97A.485, subdivision 7; 
  1.40            97A.551, by adding a subdivision; 97B.015, subdivision 
  1.41            7; 97B.025; 97C.085; 103E.081, by adding subdivisions; 
  1.42            103G.271, subdivision 6; 103G.301, subdivision 2; 
  1.43            103G.615, subdivision 2; 103I.681, subdivision 11; 
  1.44            115.03, subdivision 4a; 115.551; 115B.48, subdivision 
  1.45            8; 115B.49, by adding a subdivision; 115C.07, 
  1.46            subdivision 3; 115C.09, subdivisions 3h, 3j; 115C.13; 
  2.1             116J.571; 116J.572; 116J.574; 116J.575; 116L.20, 
  2.2             subdivision 1; 116L.30, subdivisions 1, 2, by adding 
  2.3             subdivisions; 116O.09, subdivision 1a; 116P.05, 
  2.4             subdivision 2; 129D.02, subdivision 3; 160.232; 
  2.5             168.1296, subdivision 1; 176.136, subdivision 1a; 
  2.6             183.41, by adding a subdivision; 183.411, subdivisions 
  2.7             2a, 3; 183.42; 183.44, subdivision 1; 183.51, 
  2.8             subdivision 2, by adding a subdivision; 183.545; 
  2.9             183.57; 216B.2424, subdivisions 1, 2, 5a, 6, 8, by 
  2.10            adding a subdivision; 223.17, subdivision 3; 231.16; 
  2.11            232.22, subdivision 3; 236.02, subdivision 4; 237.11; 
  2.12            237.295, subdivisions 1, 2; 237.701, subdivision 1; 
  2.13            239.011, subdivision 2; 239.05, subdivision 10b, by 
  2.14            adding a subdivision; 239.09; 239.101, subdivision 3; 
  2.15            239.75, subdivisions 1, 5; 239.761; 239.77, by adding 
  2.16            a subdivision; 239.79, subdivision 4; 239.791, 
  2.17            subdivisions 1, 7, 8, 15; 239.792; 282.08; 282.38, 
  2.18            subdivision 1; 296A.01, subdivisions 2, 7, 8, 14, 19, 
  2.19            20, 22, 23, 24, 25, 26, 28; 296A.18, subdivision 2; 
  2.20            298.22, by adding a subdivision; 357.021, subdivisions 
  2.21            1a, 2; 462.357, subdivision 1e; 469.050, subdivision 
  2.22            5; 469.1082, subdivision 1; 469.310, subdivision 11; 
  2.23            469.319, subdivision 1, by adding a subdivision; 
  2.24            469.320, subdivision 3; 469.330, subdivision 11; 
  2.25            469.340, subdivision 1; 473.197, subdivision 4; 
  2.26            474A.061, subdivision 2c; 517.08, subdivisions 1b, 1c; 
  2.27            Laws 1999, chapter 224, section 7, as amended; Laws 
  2.28            2003, chapter 128, article 1, section 9, subdivision 
  2.29            6; proposing coding for new law in Minnesota Statutes, 
  2.30            chapters 25; 41B; 45; 84; 86B; 97C; 103F; 116P; 181; 
  2.31            219; 237; 325F; 354B; 446A; 473; proposing coding for 
  2.32            new law as Minnesota Statutes, chapter 59B; repealing 
  2.33            Minnesota Statutes 2004, sections 18B.065, subdivision 
  2.34            5; 19.64, subdivision 4a; 41B.046, subdivision 3; 
  2.35            84.901; 115B.49, subdivision 4a; 116J.573; 178.12; 
  2.36            239.05, subdivisions 6a, 6b; 473.156; 473.197, 
  2.37            subdivisions 1, 2, 3, 5; Laws 1999, chapter 125, 
  2.38            section 4, as amended. 
  2.39  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.40                             ARTICLE 1
  2.41          ENVIRONMENT, NATURAL RESOURCES, AND AGRICULTURE
  2.42  Section 1.  [ENVIRONMENT, NATURAL RESOURCES, AND AGRICULTURE 
  2.43  APPROPRIATIONS.] 
  2.44     The sums in the columns marked "APPROPRIATIONS" are added 
  2.45  to, or if shown in parentheses, are subtracted from the 
  2.46  appropriations to the specific agencies in 2005 S.F. No. 1879, 
  2.47  article 6, if enacted.  The appropriations are from the general 
  2.48  fund, unless another fund is named, and are available for the 
  2.49  fiscal year indicated for each purpose.  The figures "2006" and 
  2.50  "2007," where used in this article, mean that the appropriation 
  2.51  or appropriations listed under them are available for the year 
  2.52  ending June 30, 2006, or June 30, 2007, respectively.  The term 
  2.53  "the first year" means the year ending June 30, 2006, and the 
  2.54  term "the second year" means the year ending June 30, 2007.  The 
  3.1   biennium is fiscal years 2006 and 2007. 
  3.2                           SUMMARY BY FUND
  3.3                             2006          2007           TOTAL
  3.4   General            $      (77,000)$     (845,000)$     (922,000)
  3.5   Environmental           8,832,000      9,139,000     17,971,000
  3.6   Natural  
  3.7   Resources               9,741,000      8,255,000     17,996,000
  3.8   Game and Fish           3,262,000      3,111,000      6,373,000
  3.9   Great Lakes    
  3.10  Protection                 28,000        -0-             28,000
  3.11  Environment and
  3.12  Natural Resources      18,829,000     18,829,000     37,658,000
  3.13  Remediation                35,000         35,000         70,000
  3.14  Bond Proceeds          18,000,000        -0-         18,000,000
  3.15  Permanent School           50,000         50,000        100,000
  3.16  TOTAL               $  58,700,000 $   38,574,000  $  97,274,000
  3.17  Sec. 2.  POLLUTION CONTROL    
  3.18  AGENCY  
  3.19  Subdivision 1.  Total           
  3.20  Appropriation                         $6,428,000    $6,735,000
  3.21                Summary by Fund
  3.22  General              (2,404,000)   (2,404,000)
  3.23  Environmental         8,832,000     9,139,000
  3.24  The amounts that may be spent from this 
  3.25  appropriation for each program are 
  3.26  specified in the following subdivisions.
  3.27  Subd. 2.  Water 
  3.28       6,296,000      6,296,000
  3.29                Summary by Fund
  3.30  General              (2,004,000)   (2,004,000)
  3.31  Environmental         8,300,000     8,300,000
  3.32  Subd. 3.  Air
  3.33         532,000        839,000
  3.34                Summary by Fund
  3.35  Environmental           532,000       839,000
  3.36  Subd. 4.  Land 
  3.37  $8,300,000 each year is transferred 
  3.38  from the remediation fund to the 
  3.39  environmental fund.  This is a onetime 
  3.40  transfer. 
  3.41  Of the money appropriated from the 
  4.1   remediation fund under Minnesota 
  4.2   Statutes, section 116.155, subdivision 
  4.3   2, $6,800,000 for the biennium must be 
  4.4   used for cleanup at Mankato Plating, 
  4.5   Gopher Oil, Whiteway Cleaners, Reserve 
  4.6   Mining, Valentine Clark, and old 
  4.7   unpermitted solid waste disposal 
  4.8   facilities. 
  4.9   Subd. 5.  Administrative Support
  4.10        (400,000)      (400,000)
  4.11                Summary by Fund
  4.12  General                (400,000)     (400,000)
  4.13  By December 1, 2005, the commissioner 
  4.14  shall submit a report to the 
  4.15  Environment and Natural Resources 
  4.16  Policy and Finance Committees of the 
  4.17  house and senate that provides a 
  4.18  benchmarking matrix and analysis that 
  4.19  compares the environmental review and 
  4.20  permitting requirements for forest 
  4.21  products and mining industry projects 
  4.22  in Minnesota with requirements in other 
  4.23  states and countries.  The matrix and 
  4.24  analysis must include an assessment of 
  4.25  whether the requirements in Minnesota 
  4.26  and other states and countries are more 
  4.27  strict, less strict, or equivalent to 
  4.28  requirements of the federal 
  4.29  Environmental Protection Agency and 
  4.30  requirements under the National 
  4.31  Environmental Policy Act. 
  4.32  Sec. 3.  OFFICE OF ENVIRONMENTAL 
  4.33  ASSISTANCE
  4.34  Notwithstanding Minnesota Statutes, 
  4.35  section 16B.37, the commissioner of 
  4.36  administration shall not issue a 
  4.37  reorganization order affecting the 
  4.38  Office of Environmental Assistance or 
  4.39  direct work by the office for another 
  4.40  agency before July 1, 2007.  The 
  4.41  director of the Office of Environmental 
  4.42  Assistance shall not enter into or 
  4.43  continue any memorandum of 
  4.44  understanding or other agreement that 
  4.45  directs work by the office for another 
  4.46  agency before July 1, 2007. 
  4.47  Sec. 4.  ZOOLOGICAL BOARD                  8,000         10,000
  4.48                Summary by Fund
  4.49  Natural Resources         8,000        10,000
  4.50  $8,000 the first year and $10,000 the 
  4.51  second year are from the natural 
  4.52  resources fund.  This appropriation is 
  4.53  from the revenue deposited in the 
  4.54  natural resources fund under Minnesota 
  4.55  Statutes, section 297A.94, paragraph 
  4.56  (e), clause (5). 
  4.57  Sec. 5.  NATURAL RESOURCES 
  4.58  Subdivision 1.  Total       
  5.1   Appropriation                          9,289,000      8,189,000 
  5.2                 Summary by Fund
  5.3   General              (1,861,000)   (2,836,000)
  5.4   Natural Resources     7,838,000     7,864,000
  5.5   Game and Fish         3,262,000     3,111,000
  5.6   Permanent School         50,000        50,000
  5.7   The amounts that may be spent from this 
  5.8   appropriation for each program are 
  5.9   specified in the following subdivisions.
  5.10  Subd. 2.  Land and Mineral Resources
  5.11  Management
  5.12         737,000        487,000 
  5.13                Summary by Fund
  5.14  General                 593,000       343,000
  5.15  Natural Resources        20,000        20,000
  5.16  Game and Fish            74,000        74,000
  5.17  Permanent School         50,000        50,000
  5.18  $50,000 the first year and $50,000 the 
  5.19  second year are from the state forest 
  5.20  suspense account in the permanent 
  5.21  school fund to identify, evaluate, and 
  5.22  lease construction aggregate located on 
  5.23  school trust lands. 
  5.24  $250,000 the first year is for a grant 
  5.25  to the Board of Regents of the 
  5.26  University of Minnesota to drill a 
  5.27  5,000 foot core sampling bore hole at 
  5.28  the Tower-Soudan mine complex in 
  5.29  support of a National Science 
  5.30  Foundation grant. 
  5.31  Subd. 3.  Water Resources Management
  5.32         408,000        408,000 
  5.33                Summary by Fund
  5.34  General                 408,000       408,000
  5.35  Subd. 4.  Forest Management  
  5.36       2,789,000      2,789,000 
  5.37                Summary by Fund
  5.38  General              (1,261,000)   (1,261,000)
  5.39  Natural Resources     3,800,000     3,800,000
  5.40  Game and Fish           250,000       250,000
  5.41  $3,800,000 the first year and 
  5.42  $3,800,000 the second year are from the 
  5.43  forest management investment account in 
  5.44  the natural resources fund for only the 
  5.45  purposes specified in Minnesota 
  6.1   Statutes, section 89.039, subdivision 2.
  6.2   $200,000 the first year and $200,000 
  6.3   the second year are for grants to the 
  6.4   Natural Resources Research Institute 
  6.5   for silvicultural research to improve 
  6.6   the quality and quantity of timber 
  6.7   fiber.  The appropriation must be 
  6.8   matched in the amount of $200,000 each 
  6.9   year, in cash or in-kind contributions, 
  6.10  from the forest products industry 
  6.11  members of the Minnesota Forest 
  6.12  Productivity Research Cooperative. 
  6.13  $250,000 the first year and $250,000 
  6.14  the second year are from the game and 
  6.15  fish fund to implement Ecological 
  6.16  Classification Systems (ECS) standards 
  6.17  on forested landscapes.  This 
  6.18  appropriation is from revenue deposited 
  6.19  in the game and fish fund under 
  6.20  Minnesota Statutes, section 297A.94, 
  6.21  paragraph (e), clause (1). 
  6.22  Subd. 5.  Parks and Recreation
  6.23  Management
  6.24       3,764,000      3,836,000 
  6.25                Summary by Fund
  6.26  General               3,518,000     3,518,000
  6.27  Natural Resources       246,000       318,000
  6.28  $246,000 the first year and $318,000 
  6.29  the second year are from the natural 
  6.30  resources fund for state park and 
  6.31  recreation area operations.  This 
  6.32  appropriation is from the revenue 
  6.33  deposited to the natural resources fund 
  6.34  under Minnesota Statutes, section 
  6.35  297A.94, paragraph (e), clause (2). 
  6.36  Subd. 6.  Trails and Waterways
  6.37  Management
  6.38       4,583,000      4,129,000 
  6.39                Summary by Fund
  6.40  General                 450,000        50,000
  6.41  Natural Resources     3,726,000     3,676,000
  6.42  Game and Fish           407,000       403,000
  6.43  $500,000 the first year and $500,000 
  6.44  the second year are from the snowmobile 
  6.45  trails and enforcement account in the 
  6.46  natural resources fund for snowmobile 
  6.47  grants-in-aid.  Any unencumbered 
  6.48  balance does not cancel at the end of 
  6.49  the first year and is available for the 
  6.50  second year. 
  6.51  $500,000 in fiscal year 2006 and 
  6.52  $500,000 in fiscal year 2007 are 
  6.53  appropriated from the snowmobile trails 
  6.54  and enforcement account to the 
  6.55  commissioner of natural resources to 
  7.1   acquire easements for permanent 
  7.2   recreational snowmobile trails. 
  7.3   The commissioner must work with trail 
  7.4   providers to increase grooming rates 
  7.5   and maintenance reimbursements, 
  7.6   consistent with funding appropriated by 
  7.7   the legislature, for grants provided 
  7.8   under Minnesota Statutes, section 84.83.
  7.9   $75,000 the first year is from the 
  7.10  all-terrain vehicle account in the 
  7.11  natural resources fund for a study to 
  7.12  determine the amount of gasoline used 
  7.13  each year by all-terrain vehicle riders 
  7.14  in the state.  The commissioners of 
  7.15  natural resources, revenue, and 
  7.16  transportation shall jointly determine 
  7.17  the amount of unrefunded gasoline tax 
  7.18  attributable to all-terrain vehicle use 
  7.19  in the state and shall report to the 
  7.20  legislature by March 1, 2006, with an 
  7.21  appropriate proposed revision to 
  7.22  Minnesota Statutes, section 296A.18. 
  7.23  With money appropriated from the 
  7.24  natural resources fund in S.F. No. 
  7.25  1879, article 6, section 5, subdivision 
  7.26  6, if enacted, the department shall 
  7.27  establish a boat launch and ramp at 
  7.28  Horseshoe Bay in Cook County, and 
  7.29  rehabilitate the historic fishing pier 
  7.30  on Dower Lake in Todd County. 
  7.31  $100,000 the first year is for a grant 
  7.32  to the Duluth Port Authority to 
  7.33  determine the cause of freshwater 
  7.34  corrosion of harbor sheet piling, 
  7.35  provided these state funds are matched 
  7.36  on a dollar-for-dollar basis by 
  7.37  nonstate funds. 
  7.38  $300,000 is for a grant to the St. 
  7.39  Louis and Lake Counties Regional 
  7.40  Railroad Authority to complete 
  7.41  constructing, furnishing, and equipping 
  7.42  Mesabi Station along the 132-mile 
  7.43  recreational trail known as Mesabi 
  7.44  Trail and located at the intersection 
  7.45  of U.S. Highway 53 and marked Trunk 
  7.46  Highway 37.  This appropriation is 
  7.47  dependent upon a matching contribution 
  7.48  of $800,000 from other sources, public 
  7.49  or private.  
  7.50  The appropriation in Laws 2003, chapter 
  7.51  128, article 1, section 5, subdivision 
  7.52  6, from the water recreation account in 
  7.53  the natural resources fund for a 
  7.54  cooperative project with the United 
  7.55  States Army Corps of Engineers to 
  7.56  develop the Mississippi Whitewater Park 
  7.57  is available until June 30, 2007. 
  7.58  Subd. 7.  Fish and Wildlife Management
  7.59       5,820,000      5,348,000 
  7.60                Summary by Fund
  7.61  General                 425,000       100,000
  8.1   Natural Resources       348,000       348,000
  8.2   Game and Fish         5,047,000     4,900,000
  8.3   $150,000 the second year is a reduction 
  8.4   from the trout and salmon management 
  8.5   account for the purposes specified in 
  8.6   Minnesota Statutes, section 97A.075, 
  8.7   subdivision 3. 
  8.8   $983,000 the first year and $983,000 
  8.9   the second year are from the wildlife 
  8.10  acquisition surcharge account for only 
  8.11  the purposes specified in Minnesota 
  8.12  Statutes, section 97A.071, subdivision 
  8.13  2a. 
  8.14  $142,000 the first year and $142,000 
  8.15  the second year are from the deer 
  8.16  habitat improvement account for only 
  8.17  the purposes specified in Minnesota 
  8.18  Statutes, section 97A.075, subdivision 
  8.19  1, paragraph (b). 
  8.20  $65,000 the first year and $65,000 the 
  8.21  second year are from the deer and bear 
  8.22  management account for only the 
  8.23  purposes specified in Minnesota 
  8.24  Statutes, section 97A.075, subdivision 
  8.25  1, paragraph (c). 
  8.26  $35,000 the first year and $35,000 the 
  8.27  second year are a reduction from the 
  8.28  waterfowl habitat improvement account 
  8.29  for only the purposes specified in 
  8.30  Minnesota Statutes, section 97A.075, 
  8.31  subdivision 2. 
  8.32  $344,000 the first year and $344,000 
  8.33  the second year are from the pheasant 
  8.34  habitat improvement account for only 
  8.35  the purposes specified in Minnesota 
  8.36  Statutes, section 97A.075, subdivision 
  8.37  4.  
  8.38  $22,000 the first year and $22,000 the 
  8.39  second year are from the wild turkey 
  8.40  management account for only the 
  8.41  purposes specified in Minnesota 
  8.42  Statutes, section 97A.075, subdivision 
  8.43  5.  Of this amount, $8,000 the first 
  8.44  year and $8,000 the second year are 
  8.45  appropriated from the game and fish 
  8.46  fund for transfer to the wild turkey 
  8.47  management account for purposes 
  8.48  specified in Minnesota Statutes, 
  8.49  section 97A.075, subdivision 5. 
  8.50  $675,000 the first year and $675,000 
  8.51  the second year are from the heritage 
  8.52  enhancement account in the game and 
  8.53  fish fund for only the purposes 
  8.54  specified in Minnesota Statutes, 
  8.55  section 297A.94, paragraph (e), clause 
  8.56  (1).  
  8.57  $100,000 the first year and $100,000 
  8.58  the second year are for coordination 
  8.59  and implementation of the roadsides for 
  8.60  wildlife program, including roadside 
  8.61  wildlife management training for road 
  9.1   managers and adjacent landowners, 
  9.2   development of local partnerships to 
  9.3   maximize roadside habitat benefits, 
  9.4   identification and cataloguing of 
  9.5   existing and needed technical 
  9.6   resources, and development of a 
  9.7   steering group to monitor the progress 
  9.8   of the program and identify and resolve 
  9.9   issues of concern for wildlife 
  9.10  management in roadsides.  
  9.11  $325,000 the first year is for a grant 
  9.12  to "Let's Go Fishing" of Minnesota to 
  9.13  promote opportunities for fishing. 
  9.14  Notwithstanding Minnesota Statutes, 
  9.15  section 16A.28, the appropriations 
  9.16  encumbered under contract on or before 
  9.17  June 30, 2007, for aquatic restoration 
  9.18  grants and wildlife habitat grants in 
  9.19  S.F. No. 1879, article 6, section 5, 
  9.20  subdivision 7, if enacted, are 
  9.21  available until June 30, 2008. 
  9.22  Subd. 8.  Ecological Services
  9.23         889,000        889,000 
  9.24                Summary by Fund
  9.25  General                  75,000        75,000
  9.26  Natural Resources       426,000       426,000
  9.27  Game and Fish           388,000       388,000
  9.28  Notwithstanding Minnesota Statutes, 
  9.29  section 290.431, $100,000 the first 
  9.30  year and $100,000 the second year from 
  9.31  the nongame wildlife management account 
  9.32  is for nongame information, education, 
  9.33  and promotion. 
  9.34  $325,000 the first year and $325,000 
  9.35  the second year are from the heritage 
  9.36  enhancement account in the game and 
  9.37  fish fund for only the purposes 
  9.38  specified in Minnesota Statutes, 
  9.39  section 297A.94, paragraph (e), clause 
  9.40  (1).  
  9.41  $370,000 the first year and $370,000 
  9.42  the second year are for a cost-share 
  9.43  program with local government, lake 
  9.44  associations, and conservation 
  9.45  organizations for aquatic invasive 
  9.46  species prevention and management 
  9.47  activities, including:  (1) development 
  9.48  of prevention plans; (2) aquatic 
  9.49  invasive species surveys and 
  9.50  monitoring; (3) public education and 
  9.51  training programs; or (4) conducting 
  9.52  watercraft inspection programs.  Of 
  9.53  this amount, $154,000 each year is from 
  9.54  the general fund and $216,000 each year 
  9.55  is from the heritage enhancement 
  9.56  account in the game and fish fund. 
  9.57  The general fund appropriation in this 
  9.58  subdivision includes a $250,000 per 
  9.59  year general fund reduction and a 
 10.1   $171,000 increase for operations 
 10.2   support reallocation. 
 10.3   Subd. 9.  Enforcement
 10.4          735,000        735,000 
 10.5                 Summary by Fund
 10.6   General                (240,000)     (240,000)
 10.7   Natural Resources       347,000       347,000
 10.8   Game and Fish           628,000       628,000
 10.9   Subd. 10.  Operations Support
 10.10     (10,436,000)   (10,432,000)
 10.11                Summary by Fund
 10.12  General              (5,829,000)   (5,829,000)
 10.13  Natural Resources    (1,075,000)   (1,071,000)
 10.14  Game and Fish        (3,532,000)   (3,532,000)
 10.15  $18,000 the first year and $22,000 the 
 10.16  second year are from the natural 
 10.17  resources fund for grants to be divided 
 10.18  equally between the city of St. Paul 
 10.19  for the Como Zoo and Conservatory and 
 10.20  the city of Duluth Zoo.  This 
 10.21  appropriation is from the revenue 
 10.22  deposited to the natural resources fund 
 10.23  under Minnesota Statutes, section 
 10.24  297A.94, paragraph (e), clause (5).  
 10.25  The natural resources fund 
 10.26  appropriation in this subdivision 
 10.27  includes a reduction of $1,093,000 each 
 10.28  year for operations support 
 10.29  reallocation. 
 10.30  Any reduction in general fund 
 10.31  appropriations in S.F. No. 1879, 
 10.32  article 10, section 33, if enacted, 
 10.33  must be taken from administrative costs 
 10.34  of the central office in St. Paul. 
 10.35  Sec. 6.  BOARD OF WATER AND 
 10.36  SOIL RESOURCES                           194,000         85,000
 10.37  $35,000 the first year and $35,000 the 
 10.38  second year are for grants to the 
 10.39  Minnesota River basin study area 2 for 
 10.40  administration and flood reduction 
 10.41  programs.  
 10.42  $109,000 the first year is for an 
 10.43  implementation assessment of public 
 10.44  drainage system buffers and their use, 
 10.45  maintenance, and benefits.  The 
 10.46  assessment must be done in consultation 
 10.47  with farm groups, watershed districts, 
 10.48  soil and water conservation districts, 
 10.49  counties, and conservation 
 10.50  organizations, as well as federal 
 10.51  agencies implementing voluntary buffer 
 10.52  programs.  The board shall report the 
 10.53  results to the senate and house of 
 11.1   representatives committees with 
 11.2   jurisdiction over drainage systems by 
 11.3   January 15, 2006. 
 11.4   $50,000 the first year and $50,000 the 
 11.5   second year are for beaver damage 
 11.6   control grants under new Minnesota 
 11.7   Statutes, section 103F.950. 
 11.8   The appropriations for grants in this 
 11.9   section are available until expended.  
 11.10  If an appropriation for grants in 
 11.11  either year is insufficient, the 
 11.12  appropriation in the other year is 
 11.13  available for it. 
 11.14  Sec. 7.  METROPOLITAN COUNCIL            495,000        581,000
 11.15                Summary by Fund
 11.16  General                   200,000        200,000
 11.17  Natural Resources         295,000        381,000
 11.18  $295,000 the first year and $381,000 
 11.19  the second year are from the natural 
 11.20  resources fund for metropolitan area 
 11.21  regional parks and trails maintenance 
 11.22  and operations.  This appropriation is 
 11.23  from the revenue deposited in the 
 11.24  natural resources fund under Minnesota 
 11.25  Statutes, section 297A.94, paragraph 
 11.26  (e), clause (3). 
 11.27  Sec. 8.  AGRICULTURE
 11.28  Subdivision 1.  Total  
 11.29  Appropriation                         21,373,000      3,687,000 
 11.30                Summary by Fund
 11.31  General               3,338,000     3,652,000
 11.32  Remediation              35,000        35,000
 11.33  Bond Proceeds        18,000,000       -0-  
 11.34  The amounts that may be spent from this 
 11.35  appropriation for each program are 
 11.36  specified in the following subdivisions.
 11.37  Subd. 2.  Protection Services
 11.38          35,000         35,000 
 11.39                Summary by Fund
 11.40  Remediation              35,000        35,000
 11.41  Subd. 3.  Value-Added Agricultural Products
 11.42         600,000        100,000 
 11.43  $500,000 in the first year is for 
 11.44  grants to gasoline service station 
 11.45  owners who, after the effective date of 
 11.46  this section, install pumps in this 
 11.47  state for dispensing E85 gasoline.  The 
 11.48  commissioner may reimburse owners of 
 11.49  gasoline service stations for up to 50 
 11.50  percent of the total cost of installing 
 12.1   an E85 pump, including the tank and any 
 12.2   related components, up to a maximum of 
 12.3   $15,000 per E85 pump.  The commissioner 
 12.4   shall grant priority for E85 pumps 
 12.5   installed in areas of the state where 
 12.6   gasoline service stations with E85 
 12.7   pumps are not reasonably available to 
 12.8   the general public.  This appropriation 
 12.9   is available until spent. 
 12.10  $100,000 the first year and $100,000 
 12.11  the second year are for ethanol 
 12.12  combustion efficiency grants under 
 12.13  Minnesota Statutes, section 41A.09, 
 12.14  subdivision 9. 
 12.15  Subd. 4.  Administration and
 12.16  Financial Assistance   
 12.17      20,738,000      3,552,000 
 12.18                Summary by Fund
 12.19  General               2,738,000     3,552,000
 12.20  Bond Proceeds        18,000,000       -0-    
 12.21  $85,000 is to conduct a study, in close 
 12.22  consultation with the commissioner of 
 12.23  transportation, of the feasibility and 
 12.24  desirability of constructing a rail 
 12.25  container load-out facility in or near 
 12.26  the city of Willmar or the city of 
 12.27  Clara City.  The study must include an 
 12.28  estimate of the costs and benefits of a 
 12.29  facility to the city and region and to 
 12.30  the state transportation system.  The 
 12.31  commissioner shall report to the 
 12.32  governor and legislature on the results 
 12.33  of the study by January 15, 2006. 
 12.34  $100,000 the first year and $100,000 
 12.35  the second year are for transfer to the 
 12.36  Board of Trustees of the Minnesota 
 12.37  State Colleges and Universities for 
 12.38  mental health counseling support to 
 12.39  farm families and business operators 
 12.40  through farm business management 
 12.41  programs at Central Lakes College and 
 12.42  Ridgewater College. 
 12.43  $35,000 the first year and $35,000 the 
 12.44  second year are for grants to the 
 12.45  Minnesota Horticultural Society. 
 12.46  $75,000 the first year and $75,000 the 
 12.47  second year are for annual grants to 
 12.48  the Northern Minnesota Forage-Turf Seed 
 12.49  Advisory Committee for basic and 
 12.50  applied research on the improved 
 12.51  production of forage and turf seed 
 12.52  related to new and improved varieties.  
 12.53  The grant recipient may subcontract 
 12.54  with a qualified third party for some 
 12.55  or all of the basic and applied 
 12.56  research. 
 12.57  $100,000 the first year and $100,000 
 12.58  the second year are to provide training 
 12.59  and technical assistance to county and 
 12.60  town officials relating to livestock 
 13.1   siting issues and local zoning and land 
 13.2   use planning including a checklist 
 13.3   template that would clarify the 
 13.4   federal, state, and local government 
 13.5   requirements for consideration of an 
 13.6   animal agriculture modernization or 
 13.7   expansion project.  In developing the 
 13.8   training and technical assistance 
 13.9   program, the commissioner may seek 
 13.10  assistance from the local planning 
 13.11  assistance center of the Department of 
 13.12  Administration and shall seek guidance, 
 13.13  advice, and support of livestock 
 13.14  producer organizations, general 
 13.15  agricultural organizations, local 
 13.16  government associations, academic 
 13.17  institutions, other government 
 13.18  agencies, and others with expertise in 
 13.19  land use and agriculture. 
 13.20  $220,000 the first year is to contract 
 13.21  with the University of Minnesota for 
 13.22  further research and development of 
 13.23  livestock odor and air quality 
 13.24  management. 
 13.25  $325,000 the first year and $325,000 
 13.26  the second year are for grants to 
 13.27  Second Harvest Heartland on behalf of 
 13.28  Minnesota's six Second Harvest food 
 13.29  banks for the purchase of milk for 
 13.30  distribution to Minnesota's food 
 13.31  shelves and other charitable 
 13.32  organizations that are eligible to 
 13.33  receive food from the food banks.  Milk 
 13.34  purchased under the grants must be 
 13.35  acquired from Minnesota milk processors 
 13.36  and based on low-cost bids.  The milk 
 13.37  must be allocated to each Second 
 13.38  Harvest food bank serving Minnesota 
 13.39  according to the formula used in the 
 13.40  distribution of United States 
 13.41  Department of Agriculture commodities 
 13.42  under The Emergency Food Assistance 
 13.43  Program (TEFAP).  Second Harvest 
 13.44  Heartland must submit quarterly reports 
 13.45  to the commissioner on forms prescribed 
 13.46  by the commissioner.  The reports must 
 13.47  include, but are not limited to, 
 13.48  information on the expenditure of 
 13.49  funds, the amount of milk purchased, 
 13.50  and the organizations to which the milk 
 13.51  was distributed.  Second Harvest 
 13.52  Heartland may enter into contracts or 
 13.53  agreements with food banks for shared 
 13.54  funding or reimbursement of the direct 
 13.55  purchase of milk.  Each food bank 
 13.56  receiving money from this appropriation 
 13.57  may use up to two percent of the grant 
 13.58  for administrative expenses. 
 13.59  $18,000,000 is appropriated from the 
 13.60  bond proceeds fund for purposes as set 
 13.61  forth in the Minnesota Constitution, 
 13.62  article XI, section 5, clause (h), to 
 13.63  the Rural Finance Authority to purchase 
 13.64  participation interests in or to make 
 13.65  direct agricultural loans to farmers 
 13.66  under Minnesota Statutes, chapter 41B.  
 13.67  This appropriation is for the beginning 
 13.68  farmer program under Minnesota 
 14.1   Statutes, section 41B.039, the loan 
 14.2   restructuring program under Minnesota 
 14.3   Statutes, section 41B.04, the 
 14.4   seller-sponsored program under 
 14.5   Minnesota Statutes, section 41B.042, 
 14.6   the agricultural improvement loan 
 14.7   program under Minnesota Statutes, 
 14.8   section 41B.043, and the livestock 
 14.9   expansion loan program under Minnesota 
 14.10  Statutes, section 41B.045.  All debt 
 14.11  service on bond proceeds used to 
 14.12  finance this appropriation must be 
 14.13  repaid by the Rural Finance Authority 
 14.14  under Minnesota Statutes, section 
 14.15  16A.643.  Loan participations must be 
 14.16  priced to provide full interest and 
 14.17  principal coverage and a reserve for 
 14.18  potential losses.  Priority for loans 
 14.19  must be given first to basic beginning 
 14.20  farmer loans; second, to 
 14.21  seller-sponsored loans; and third, to 
 14.22  agricultural improvement loans. 
 14.23  Sec. 9.  BOND SALE
 14.24  To provide the money appropriated in 
 14.25  this article from the bond proceeds 
 14.26  fund, the commissioner of finance shall 
 14.27  sell and issue bonds of the state in an 
 14.28  amount up to $18,000,000 in the manner, 
 14.29  upon the terms, and with the effect 
 14.30  prescribed by Minnesota Statutes, 
 14.31  sections 16A.631 to 16A.675, and by the 
 14.32  Minnesota Constitution, article XI, 
 14.33  sections 4 to 7. 
 14.34  Sec. 10.  BOARD OF ANIMAL
 14.35  HEALTH                                   456,000        458,000
 14.36  $300,000 the first year and $300,000 
 14.37  the second year are for a grant to the 
 14.38  Veterinary Diagnostic Laboratory at the 
 14.39  University of Minnesota to expand 
 14.40  animal disease surveillance and to 
 14.41  protect animal agriculture and public 
 14.42  health.  This appropriation is 
 14.43  available until June 30, 2007. 
 14.44  Sec. 11.  MINNESOTA RESOURCES 
 14.45  Subdivision 1.  Total
 14.46  Appropriation
 14.47                                        20,457,000     18,829,000
 14.48                Summary by Fund
 14.49  State Land and Water Conservation
 14.50  Account (LAWCON)      1,600,000       -0-
 14.51  Environment and Natural Resources
 14.52  Trust Fund           18,829,000    18,829,000
 14.53  Great Lakes Protection
 14.54  Account                  28,000       -0-
 14.55  Appropriations from the LAWCON account 
 14.56  and Great Lakes protection account are 
 14.57  available for either year of the 
 14.58  biennium. 
 14.59  For appropriations from the environment 
 15.1   and natural resources trust fund, any 
 15.2   unencumbered balance remaining in the 
 15.3   first year does not cancel and is 
 15.4   available for the second year of the 
 15.5   biennium.  Unless otherwise provided, 
 15.6   the amounts in this section are 
 15.7   available until June 30, 2007, when 
 15.8   projects must be completed and final 
 15.9   products delivered. 
 15.10  Subd. 2.  Definitions 
 15.11  (a) "State land and water conservation 
 15.12  account (LAWCON)" means the state land 
 15.13  and water conservation account in the 
 15.14  natural resources fund referred to in 
 15.15  Minnesota Statutes, section 116P.14. 
 15.16  (b) "Great Lakes protection account" 
 15.17  means the Great Lakes protection 
 15.18  account referred to in Minnesota 
 15.19  Statutes, section 116Q.02, subdivision 
 15.20  1. 
 15.21  (c) "Trust fund" means the Minnesota 
 15.22  environment and natural resources trust 
 15.23  fund referred to in Minnesota Statutes, 
 15.24  section 116P.02, subdivision 6. 
 15.25  Subd. 3.  Administration                 524,000        525,000
 15.26                Summary by Fund
 15.27  Trust Fund              524,000       525,000
 15.28  (a) Legislative Commission on Minnesota Resources
 15.29  $449,000 the first year and $450,000 
 15.30  the second year are from the trust fund 
 15.31  for administration as provided in 
 15.32  Minnesota Statutes, section 116P.09, 
 15.33  subdivision 5. 
 15.34  (b) Contract Administration
 15.35  $75,000 the first year and $75,000 the 
 15.36  second year are from the trust fund to 
 15.37  the commissioner of natural resources 
 15.38  for contract administration activities 
 15.39  assigned to the commissioner in this 
 15.40  section.  This appropriation is 
 15.41  available until June 30, 2008. 
 15.42  Subd. 4.  Citizen Advisory Committee      10,000         10,000
 15.43                Summary by Fund
 15.44  Trust Fund               10,000        10,000
 15.45  $10,000 the first year and $10,000 the 
 15.46  second year are from the trust fund to 
 15.47  the Legislative Commission on Minnesota 
 15.48  Resources for expenses of the citizen 
 15.49  advisory committee as provided in 
 15.50  Minnesota Statutes, section 116P.06.  
 15.51  Notwithstanding Minnesota Statutes, 
 15.52  section 16A.281, the availability of 
 15.53  $15,000 of the appropriation from Laws 
 15.54  2003, chapter 128, article 1, section 
 15.55  9, subdivision 4, advisory committee, 
 15.56  is extended to June 30, 2007. 
 16.1   Subd. 5.  Fish and Wildlife Habitat    5,038,000      5,038,000
 16.2                 Summary by Fund
 16.3   Trust Fund            5,038,000     5,038,000
 16.4   (a) Restoring Minnesota's Fish and Wildlife
 16.5   Habitat Corridors-Phase III
 16.6   $2,031,000 the first year and 
 16.7   $2,031,000 the second year are from the 
 16.8   trust fund to the commissioner of 
 16.9   natural resources for the third 
 16.10  biennium for acceleration of agency 
 16.11  programs and cooperative agreements 
 16.12  with Pheasants Forever, Minnesota Deer 
 16.13  Hunters Association, Ducks Unlimited, 
 16.14  Inc., National Wild Turkey Federation, 
 16.15  the Nature Conservancy, Minnesota Land 
 16.16  Trust, the Trust for Public Land, 
 16.17  Minnesota Valley National Wildlife 
 16.18  Refuge Trust, Inc., U.S. Fish and 
 16.19  Wildlife Service, Red Lake Band of 
 16.20  Chippewa, Leech Lake Band of Chippewa, 
 16.21  Fond du Lac Band of Chippewa, 
 16.22  USDA-Natural Resources Conservation 
 16.23  Service, and the Board of Water and 
 16.24  Soil Resources to plan, restore, and 
 16.25  acquire fragmented landscape corridors 
 16.26  that connect areas of quality habitat 
 16.27  to sustain fish, wildlife, and plants.  
 16.28  Expenditures are limited to the 11 
 16.29  project areas as defined in the work 
 16.30  program.  Land acquired with this 
 16.31  appropriation must be sufficiently 
 16.32  improved to meet at least minimum 
 16.33  habitat and facility management 
 16.34  standards as determined by the 
 16.35  commissioner of natural resources.  
 16.36  This appropriation may not be used for 
 16.37  the purchase of residential structures, 
 16.38  unless expressly approved in the work 
 16.39  program.  Any land acquired in fee 
 16.40  title by the commissioner of natural 
 16.41  resources with money from this 
 16.42  appropriation must be designated:  (1) 
 16.43  as an outdoor recreation unit under 
 16.44  Minnesota Statutes, section 86A.07; or 
 16.45  (2) as provided in Minnesota Statutes, 
 16.46  sections 89.018, subdivision 2, 
 16.47  paragraph (a); 97A.101; 97A.125; 
 16.48  97C.001; and 97C.011.  The commissioner 
 16.49  may similarly designate any lands 
 16.50  acquired in less than fee title.  This 
 16.51  appropriation is available until June 
 16.52  30, 2008, at which time the project 
 16.53  must be completed and final products 
 16.54  delivered, unless an earlier date is 
 16.55  specified in the work program. 
 16.56  (b) Metropolitan Area Wildlife
 16.57  Corridors-Phase II
 16.58  $1,765,000 the first year and 
 16.59  $1,765,000 the second year are from the 
 16.60  trust fund to the commissioner of 
 16.61  natural resources for the second 
 16.62  biennium for acceleration of agency 
 16.63  programs and cooperative agreements 
 16.64  with the Trust for Public Land, Ducks 
 16.65  Unlimited, Inc., Friends of the 
 17.1   Mississippi River, Great River 
 17.2   Greening, Minnesota Land Trust, 
 17.3   Minnesota Valley National Wildlife 
 17.4   Refuge Trust, Inc., Pheasants Forever, 
 17.5   Inc., and Friends of the Minnesota 
 17.6   Valley for the purposes of planning, 
 17.7   improving, and protecting important 
 17.8   natural areas in the metropolitan 
 17.9   region, as defined by Minnesota 
 17.10  Statutes, section 473.121, subdivision 
 17.11  2, and portions of the surrounding 
 17.12  counties, through grants, contracted 
 17.13  services, conservation easements, and 
 17.14  fee acquisition.  Land acquired with 
 17.15  this appropriation must be sufficiently 
 17.16  improved to meet at least minimum 
 17.17  management standards as determined by 
 17.18  the commissioner of natural resources.  
 17.19  Expenditures are limited to the 
 17.20  identified project areas as defined in 
 17.21  the work program.  This appropriation 
 17.22  may not be used for the purchase of 
 17.23  residential structures, unless 
 17.24  expressly approved in the work 
 17.25  program.  Any land acquired in fee 
 17.26  title by the commissioner of natural 
 17.27  resources with money from this 
 17.28  appropriation must be designated:  (1) 
 17.29  as an outdoor recreation unit under 
 17.30  Minnesota Statutes, section 86A.07; or 
 17.31  (2) as provided in Minnesota Statutes, 
 17.32  sections 89.018, subdivision 2, 
 17.33  paragraph (a); 97A.101; 97A.125; 
 17.34  97C.001; and 97C.011.  The commissioner 
 17.35  may similarly designate any lands 
 17.36  acquired in less than fee title.  This 
 17.37  appropriation is available until June 
 17.38  30, 2008, at which time the project 
 17.39  must be completed and final products 
 17.40  delivered, unless an earlier date is 
 17.41  specified in the work program. 
 17.42  (c) Development of Scientific and Natural Areas
 17.43  $67,000 the first year and $67,000 the 
 17.44  second year are from the trust fund to 
 17.45  the commissioner of natural resources 
 17.46  to develop and enhance lands designated 
 17.47  as scientific and natural areas.  This 
 17.48  appropriation is available until June 
 17.49  30, 2008, at which time the project 
 17.50  must be completed and final products 
 17.51  delivered, unless an earlier date is 
 17.52  specified in the work program. 
 17.53  (d) Prairie Stewardship of Private Lands
 17.54  $50,000 the first year and $50,000 the 
 17.55  second year are from the trust fund to 
 17.56  the commissioner of natural resources 
 17.57  to develop stewardship plans and 
 17.58  implement prairie management on private 
 17.59  prairie lands on a cost-share basis 
 17.60  with private or federal funds.  This 
 17.61  appropriation is available until June 
 17.62  30, 2008, at which time the project 
 17.63  must be completed and final products 
 17.64  delivered, unless an earlier date is 
 17.65  specified in the work program. 
 17.66  (e) Local Initiative Grants-Conservation
 18.1   Partners and Environmental Partnerships
 18.2   $250,000 the first year and $250,000 
 18.3   the second year are from the trust fund 
 18.4   to the commissioner of natural 
 18.5   resources to provide matching grants of 
 18.6   up to $20,000 to local government and 
 18.7   private organizations for enhancement, 
 18.8   restoration, research, and education 
 18.9   associated with natural habitat and 
 18.10  environmental service projects.  
 18.11  Subdivision 16 applies to grants 
 18.12  awarded in the approved work program.  
 18.13  This appropriation is available until 
 18.14  June 30, 2008, at which time the 
 18.15  project must be completed and final 
 18.16  products delivered, unless an earlier 
 18.17  date is specified in the work program. 
 18.18  (f) Minnesota ReLeaf Community Forest
 18.19  Development and Protection
 18.20  $250,000 the first year and $250,000 
 18.21  the second year are from the trust fund 
 18.22  to the commissioner of natural 
 18.23  resources for acceleration of the 
 18.24  agency program and a cooperative 
 18.25  agreement with Tree Trust to protect 
 18.26  forest resources, develop 
 18.27  inventory-based management plans, and 
 18.28  provide matching grants to communities 
 18.29  to plant native trees.  At least 
 18.30  $390,000 of this appropriation must be 
 18.31  used for grants to communities.  For 
 18.32  the purposes of this paragraph, the 
 18.33  match must be a nonstate contribution, 
 18.34  but may be either cash or qualifying 
 18.35  in-kind.  This appropriation is 
 18.36  available until June 30, 2008, at which 
 18.37  time the project must be completed and 
 18.38  final projects delivered, unless an 
 18.39  earlier date is specified in the work 
 18.40  program. 
 18.41  (g) Integrated and Pheromonal Control of
 18.42  Common Carp
 18.43  $275,000 the first year and $275,000 
 18.44  the second year are from the trust fund 
 18.45  to the University of Minnesota for the 
 18.46  second biennium to research new options 
 18.47  for controlling common carp.  This 
 18.48  appropriation is available until June 
 18.49  30, 2009, at which time the project 
 18.50  must be completed and final products 
 18.51  delivered, unless an earlier date is 
 18.52  specified in the work program. 
 18.53  (h) Biological Control of European Buckthorn
 18.54  and Garlic Mustard
 18.55  $100,000 the first year and $100,000 
 18.56  the second year are from the trust fund 
 18.57  to the commissioner of natural 
 18.58  resources to research potential insects 
 18.59  for biological control of invasive 
 18.60  European buckthorn species for the 
 18.61  second biennium and to introduce and 
 18.62  evaluate insects for biological control 
 18.63  of garlic mustard.  This appropriation 
 18.64  is available until June 30, 2008, at 
 19.1   which time the project must be 
 19.2   completed and final products delivered, 
 19.3   unless an earlier date is specified in 
 19.4   the work program. 
 19.5   (i) Land Exchange Revolving Fund for
 19.6   Aitkin, Cass, and Crow Wing Counties
 19.7   $250,000 the first year and $250,000 
 19.8   the second year are from the trust fund 
 19.9   to the commissioner of natural 
 19.10  resources for an agreement with Aitkin 
 19.11  County for a six-year revolving loan 
 19.12  fund to improve public and private land 
 19.13  ownership patterns, increase management 
 19.14  efficiency, and protect critical 
 19.15  habitat in Aitkin, Cass, and Crow Wing 
 19.16  Counties.  By June 30, 2011, Aitkin 
 19.17  County shall repay the $500,000 to the 
 19.18  commissioner of finance for deposit in 
 19.19  the environment and natural resources 
 19.20  trust fund. 
 19.21  Subd. 6.  Recreation                   7,160,000      5,559,000
 19.22                Summary by Fund
 19.23  Trust Fund            5,560,000     5,559,000
 19.24  State Land and Water Conservation
 19.25  Account (LAWCON)      1,600,000       -0-
 19.26  (a) State Park and Recreation Area
 19.27  Land Acquisition
 19.28  $1,000,000 the first year and 
 19.29  $1,000,000 the second year are from the 
 19.30  trust fund to the commissioner of 
 19.31  natural resources to acquire 
 19.32  in-holdings for state park and 
 19.33  recreation areas.  Land acquired with 
 19.34  this appropriation must be sufficiently 
 19.35  improved to meet at least minimum 
 19.36  management standards as determined by 
 19.37  the commissioner of natural resources.  
 19.38  This appropriation is available until 
 19.39  June 30, 2008, at which time the 
 19.40  project must be completed and final 
 19.41  products delivered, unless an earlier 
 19.42  date is specified in the work program. 
 19.43  (b) LAWCON Federal Reimbursements
 19.44  $1,600,000 is from the State Land and 
 19.45  Water Conservation Account (LAWCON) in 
 19.46  the natural resources fund to the 
 19.47  commissioner of natural resources for 
 19.48  priorities established by the 
 19.49  commissioner for eligible state 
 19.50  projects and administrative and 
 19.51  planning activities consistent with 
 19.52  Minnesota Statutes, section 116P.14, 
 19.53  and the federal Land and Water 
 19.54  Conservation Fund Act.  Subdivision 16 
 19.55  applies to grants awarded in the 
 19.56  approved work program.  This 
 19.57  appropriation is contingent upon 
 19.58  receipt of the federal obligation and 
 19.59  remains available until June 30, 2008, 
 19.60  at which time the project must be 
 19.61  completed and final products delivered, 
 20.1   unless an earlier date is specified in 
 20.2   the work program. 
 20.3   (c) State Park and Recreation Area
 20.4   Revenue-Enhancing Development
 20.5   $100,000 the first year and $100,000 
 20.6   the second year are from the trust fund 
 20.7   to the commissioner of natural 
 20.8   resources to enhance revenue generation 
 20.9   in the state's park and recreation 
 20.10  system. 
 20.11  (d) Best Management Practices for Parks
 20.12  and Outdoor Recreation
 20.13  $100,000 the first year and $100,000 
 20.14  the second year are from the trust fund 
 20.15  to the commissioner of natural 
 20.16  resources for an agreement with the 
 20.17  Minnesota Recreation and Park 
 20.18  Association to develop and evaluate 
 20.19  opportunities to more efficiently 
 20.20  manage Minnesota's parks and outdoor 
 20.21  recreation areas. 
 20.22  (e) Metropolitan Regional Parks Acquisition,
 20.23  Rehabilitation, and Development
 20.24  $1,000,000 the first year and 
 20.25  $1,000,000 the second year are from the 
 20.26  trust fund to the Metropolitan Council 
 20.27  for subgrants for the acquisition, 
 20.28  development, and rehabilitation in the 
 20.29  metropolitan regional park system, 
 20.30  consistent with the Metropolitan 
 20.31  Council regional recreation open space 
 20.32  capital improvement plan.  This 
 20.33  appropriation may not be used for the 
 20.34  purchase of residential structures, may 
 20.35  be used to reimburse implementing 
 20.36  agencies for acquisition as expressly 
 20.37  approved in the work program, and must 
 20.38  be matched by at least 40 percent of 
 20.39  nonstate money.  Subdivision 16 applies 
 20.40  to grants awarded in the approved work 
 20.41  program.  This appropriation is 
 20.42  available until June 30, 2008, at which 
 20.43  time the project must be completed and 
 20.44  final products delivered, unless an 
 20.45  earlier date is specified in the work 
 20.46  program.  If a project financed under 
 20.47  this program receives a federal grant 
 20.48  award, the availability of the 
 20.49  financing from this paragraph for that 
 20.50  project is extended to equal the period 
 20.51  of the federal grant. 
 20.52  (f) Gitchi-Gami State Trail
 20.53  $250,000 the first year and $250,000 
 20.54  the second year are from the trust fund 
 20.55  to the commissioner of natural 
 20.56  resources, in cooperation with the 
 20.57  Gitchi-Gami Trail Association, for the 
 20.58  fourth biennium, to design and 
 20.59  construct approximately two miles of 
 20.60  Gitchi-Gami State Trail segments.  This 
 20.61  appropriation is available until June 
 20.62  30, 2008, at which time the project 
 20.63  must be completed and final products 
 21.1   delivered.  If this project receives a 
 21.2   federal grant award, the availability 
 21.3   of the financing from this paragraph 
 21.4   for the project is extended to equal 
 21.5   the period of the federal grant. 
 21.6   (g) Casey Jones State Trail
 21.7   $600,000 the first year and $600,000 
 21.8   the second year are from the trust fund 
 21.9   to the commissioner of natural 
 21.10  resources in cooperation with the 
 21.11  Friends of the Casey Jones Trail 
 21.12  Association for land acquisition and 
 21.13  development of the Casey Jones State 
 21.14  Trail in southwest Minnesota.  This 
 21.15  appropriation is available until June 
 21.16  30, 2008, at which time the project 
 21.17  must be completed and final products 
 21.18  delivered.  If this project receives a 
 21.19  federal grant award, the availability 
 21.20  of the financing from this paragraph 
 21.21  for the project is extended to equal 
 21.22  the period of the federal grant. 
 21.23  (h) Paul Bunyan State Trail Connection
 21.24  $200,000 the first year and $200,000 
 21.25  the second year are from the trust fund 
 21.26  to the commissioner of natural 
 21.27  resources to acquire land to connect 
 21.28  the Paul Bunyan State Trail within the 
 21.29  city of Bemidji. 
 21.30  (i) Minnesota River Trail Planning
 21.31  $100,000 the first year and $100,000 
 21.32  the second year are from the trust fund 
 21.33  to the commissioner of natural 
 21.34  resources for an agreement with the 
 21.35  University of Minnesota to provide 
 21.36  trail planning assistance to three 
 21.37  communities along the Minnesota River 
 21.38  State Trail. 
 21.39  (j) Local Initiative Grants-Parks and Natural Areas
 21.40  $600,000 the first year and $600,000 
 21.41  the second year are from the trust fund 
 21.42  to the commissioner of natural 
 21.43  resources to provide matching grants to 
 21.44  local governments for acquisition and 
 21.45  development of natural and scenic areas 
 21.46  and local parks as provided in 
 21.47  Minnesota Statutes, section 85.019, 
 21.48  subdivisions 2 and 4a, and regional 
 21.49  parks outside of the metropolitan 
 21.50  area.  Grants may provide up to 50 
 21.51  percent of the nonfederal share of the 
 21.52  project cost, except nonmetropolitan 
 21.53  regional park grants may provide up to 
 21.54  60 percent of the nonfederal share of 
 21.55  the project cost.  $500,000 of this 
 21.56  appropriation is for land acquisition 
 21.57  for a proposed county regional park on 
 21.58  Kraemer Lake in Stearns County.  The 
 21.59  commission will monitor the grants for 
 21.60  approximate balance over extended 
 21.61  periods of time between the 
 21.62  metropolitan area, under Minnesota 
 21.63  Statutes, section 473.121, subdivision 
 22.1   2, and the nonmetropolitan area through 
 22.2   work program oversight and periodic 
 22.3   allocation decisions.  For the purposes 
 22.4   of this paragraph, the match must be a 
 22.5   nonstate contribution, but may be 
 22.6   either cash or qualifying in-kind.  
 22.7   Recipients may receive funding for more 
 22.8   than one project in any given grant 
 22.9   period.  Subdivision 16 applies to 
 22.10  grants awarded in the approved work 
 22.11  program.  This appropriation is 
 22.12  available until June 30, 2008, at which 
 22.13  time the project must be completed and 
 22.14  final products delivered. 
 22.15  (k) Regional Park Planning for Nonmetropolitan
 22.16  Urban Areas
 22.17  $43,000 the first year and $43,000 the 
 22.18  second year are from the trust fund to 
 22.19  the commissioner of natural resources 
 22.20  for an agreement with the University of 
 22.21  Minnesota to develop a plan for a 
 22.22  system of regional recreation areas for 
 22.23  major outstate urban complexes in 
 22.24  Minnesota. 
 22.25  (l) Local and Regional Trail Grant Initiative Program
 22.26  $350,000 the first year and $350,000 
 22.27  the second year are from the trust fund 
 22.28  to the commissioner of natural 
 22.29  resources to provide matching grants to 
 22.30  local units of government for the cost 
 22.31  of acquisition, development, 
 22.32  engineering services, and enhancement 
 22.33  of existing and new trail facilities.  
 22.34  Subdivision 16 applies to grants 
 22.35  awarded in the approved work program.  
 22.36  This appropriation is available until 
 22.37  June 30, 2008, at which time the 
 22.38  project must be completed and final 
 22.39  products delivered, unless an earlier 
 22.40  date is specified in the work program.  
 22.41  In addition, if a project financed 
 22.42  under this program receives a federal 
 22.43  grant award, the availability of the 
 22.44  financing from this paragraph for that 
 22.45  project is extended to equal the period 
 22.46  of the federal grant. 
 22.47  (m) Mesabi Trail
 22.48  $500,000 the first year and $500,000 
 22.49  the second year are from the trust fund 
 22.50  to the commissioner of natural 
 22.51  resources for an agreement with St. 
 22.52  Louis and Lake Counties Regional Rail 
 22.53  Authority for the seventh biennium to 
 22.54  acquire and develop segments for the 
 22.55  Mesabi Trail.  This appropriation is 
 22.56  available until June 30, 2008, at which 
 22.57  time the project must be completed and 
 22.58  final products delivered.  If this 
 22.59  project receives a federal grant award, 
 22.60  the availability of the financing from 
 22.61  this paragraph for the project is 
 22.62  extended to equal the period of the 
 22.63  federal grant. 
 22.64  (n) Cannon Valley Trail Belle Creek Bridge
 23.1   Replacement
 23.2   $150,000 the first year and $150,000 
 23.3   the second year are from the trust fund 
 23.4   to the commissioner of natural 
 23.5   resources for an agreement with the 
 23.6   Cannon Valley Trail Joint Powers Board 
 23.7   for bridge replacement of the Belle 
 23.8   Creek Bridge on the Cannon Valley 
 23.9   Trail.  This appropriation must be 
 23.10  matched by at least $44,000 of nonstate 
 23.11  money. 
 23.12  (o) Arrowhead Regional Bike Trail Connections Plan
 23.13  $42,000 the first year and $41,000 the 
 23.14  second year are from the trust fund to 
 23.15  the commissioner of natural resources 
 23.16  for an agreement with the Arrowhead 
 23.17  Regional Development Commission to 
 23.18  analyze the Arrowhead's major bike 
 23.19  trails and plan new trail connections. 
 23.20  (p) Land Acquisition, Minnesota Landscape Arboretum
 23.21  $325,000 the first year and $325,000 
 23.22  the second year are from the trust fund 
 23.23  to the University of Minnesota for an 
 23.24  agreement with the University of 
 23.25  Minnesota Landscape Arboretum 
 23.26  Foundation for the sixth biennium to 
 23.27  acquire land from willing sellers.  
 23.28  This appropriation must be matched by 
 23.29  an equal amount of nonstate money.  
 23.30  This appropriation is available until 
 23.31  June 30, 2008, at which time the 
 23.32  project must be completed and final 
 23.33  products delivered, unless an earlier 
 23.34  date is specified in the work program. 
 23.35  (q) Development and Rehabilitation of Minnesota
 23.36  Shooting Ranges
 23.37  $150,000 the first year and $150,000 
 23.38  the second year are from the trust fund 
 23.39  to the commissioner of natural 
 23.40  resources to provide technical 
 23.41  assistance and matching grants to local 
 23.42  communities and recreational shooting 
 23.43  and archery clubs for the purpose of 
 23.44  developing or rehabilitating shooting 
 23.45  and archery facilities for public use.  
 23.46  Recipient facilities must be open to 
 23.47  the general public at reasonable times 
 23.48  and for a reasonable fee on a walk-in 
 23.49  basis.  This appropriation is available 
 23.50  until June 30, 2008, at which time the 
 23.51  project must be completed and final 
 23.52  products delivered, unless an earlier 
 23.53  date is specified in the work program. 
 23.54  (r) Birding Maps
 23.55  $50,000 the first year and $50,000 the 
 23.56  second year are from the trust fund to 
 23.57  the commissioner of natural resources 
 23.58  for an agreement with Audubon Minnesota 
 23.59  to create a new birding trail guide for 
 23.60  the North Shore/Arrowhead region and 
 23.61  reprint and distribute guides for three 
 23.62  existing birding trails. 
 24.1   Subd. 7.  Water Resources              3,027,000      3,000,000
 24.2                 Summary by Fund
 24.3   Trust Fund            2,999,000     3,000,000
 24.4   Great Lakes Protection
 24.5   Account                                28,000
 24.6   (a) Local Water Management Matching Challenge Grants
 24.7   $500,000 the first year and $500,000 
 24.8   the second year are from the trust fund 
 24.9   to the Board of Water and Soil 
 24.10  Resources to accelerate the local water 
 24.11  management challenge grant program 
 24.12  under Minnesota Statutes, sections 
 24.13  103B.3361 to 103B.3369, through 
 24.14  matching grants to implement high 
 24.15  priority activities in state-approved 
 24.16  comprehensive water management plans.  
 24.17  For the purposes of this paragraph, the 
 24.18  match must be a nonstate contribution, 
 24.19  but may be either cash or qualifying 
 24.20  in-kind.  The grants may be provided on 
 24.21  an advance basis as specified in the 
 24.22  work program.  This appropriation is 
 24.23  available until June 30, 2008, at which 
 24.24  time the project must be completed and 
 24.25  final products delivered, unless an 
 24.26  earlier date is specified in the work 
 24.27  program. 
 24.28  (b) Accelerating and Enhancing Surface Water
 24.29  Monitoring for Lakes and Streams
 24.30  $300,000 the first year and $300,000 
 24.31  the second year are from the trust fund 
 24.32  to the commissioner of the Pollution 
 24.33  Control Agency for acceleration of 
 24.34  agency programs and cooperative 
 24.35  agreements with the Minnesota Lakes 
 24.36  Association, Rivers Council of 
 24.37  Minnesota, and the University of 
 24.38  Minnesota to accelerate monitoring 
 24.39  efforts through assessments, citizen 
 24.40  training, and implementation grants.  
 24.41  This appropriation is available until 
 24.42  June 30, 2008, at which time the 
 24.43  project must be completed and final 
 24.44  products delivered, unless an earlier 
 24.45  date is specified in the work program. 
 24.46  (c) Effects of Land Retirements on the
 24.47  Minnesota River
 24.48  $150,000 the first year and $150,000 
 24.49  the second year are from the trust fund 
 24.50  to the Board of Water and Soil 
 24.51  Resources for a cooperative agreement 
 24.52  with the U.S. Geological Survey to 
 24.53  evaluate effects of retired or 
 24.54  set-aside agricultural lands on the 
 24.55  water quality and aquatic habitat of 
 24.56  streams in the Minnesota River Basin in 
 24.57  order to enhance prioritization of 
 24.58  future land retirements.  This 
 24.59  appropriation must be matched by an 
 24.60  equal amount of nonstate money.  This 
 24.61  appropriation is available until June 
 24.62  30, 2008, at which time the project 
 25.1   must be completed and final products 
 25.2   delivered, unless an earlier date is 
 25.3   specified in the work program. 
 25.4   (d) Recycling Treated Municipal Wastewater for
 25.5   Industrial Water Use
 25.6   $150,000 the first year and $150,000 
 25.7   the second year are from the trust fund 
 25.8   to the commissioner of natural 
 25.9   resources for an agreement with the 
 25.10  Metropolitan Council to determine the 
 25.11  feasibility of recycling treated 
 25.12  municipal wastewater for industrial 
 25.13  use, characterize industrial water 
 25.14  demand and quality, and determine the 
 25.15  costs to treat municipal wastewater to 
 25.16  meet specific industrial needs. 
 25.17  (e) Unwanted Hormone Therapy:  Protecting Water
 25.18  and Public Health
 25.19  $150,000 the first year and $150,000 
 25.20  the second year are from the trust fund 
 25.21  to the University of Minnesota to 
 25.22  determine where behavior-altering 
 25.23  estrogenic compounds come from and how 
 25.24  they are distributed in wastewater 
 25.25  treatment plants.  This appropriation 
 25.26  is available until June 30, 2008, at 
 25.27  which time the project must be 
 25.28  completed and final products delivered, 
 25.29  unless an earlier date is specified in 
 25.30  the work program. 
 25.31  (f) Climate Change Impacts on Minnesota's
 25.32  Aquatic Resources
 25.33  $125,000 the first year and $125,000 
 25.34  the second year are from the trust fund 
 25.35  to the University of Minnesota, Natural 
 25.36  Resources Research Institute, to 
 25.37  quantify climate, hydrologic, and 
 25.38  ecological variability and trends; and 
 25.39  identify indicators of future climate 
 25.40  change effects on aquatic systems.  
 25.41  This appropriation is available until 
 25.42  June 30, 2008, at which time the 
 25.43  project must be completed and final 
 25.44  products delivered, unless an earlier 
 25.45  date is specified in the work program. 
 25.46  (g) Green Roof Cost Share and Monitoring
 25.47  $175,000 the first year and $175,000 
 25.48  the second year are from the trust fund 
 25.49  to the commissioner of natural 
 25.50  resources for an agreement with Ramsey 
 25.51  Conservation District to install green, 
 25.52  vegetated roofs on four commercial or 
 25.53  industrial buildings in Roseville and 
 25.54  Falcon Heights and to monitor their 
 25.55  effectiveness for stormwater 
 25.56  management, flood reduction, water 
 25.57  quality, and energy efficiency.  The 
 25.58  cost of the installations must be 
 25.59  matched by at least 50 percent nonstate 
 25.60  money. 
 25.61  (h) Woodchip Biofilter Treatment of Feedlot Runoff
 26.1   $135,000 the first year and $135,000 
 26.2   the second year are from the trust fund 
 26.3   to the commissioner of natural 
 26.4   resources for agreements with Stearns 
 26.5   County Soil and Water Conservation 
 26.6   District and the University of 
 26.7   Minnesota to treat feedlot runoff with 
 26.8   woodchip biofilters to remove 
 26.9   pollutants and assess improvements to 
 26.10  surface water quality.  This 
 26.11  appropriation is available until June 
 26.12  30, 2008, at which time the project 
 26.13  must be completed and final products 
 26.14  delivered, unless an earlier date is 
 26.15  specified in the work program. 
 26.16  (i) Improving Water Quality on the Central Sands
 26.17  $294,000 the first year and $293,000 
 26.18  the second year are from the trust fund 
 26.19  to the commissioner of natural 
 26.20  resources for agreements with the 
 26.21  University of Minnesota and the Central 
 26.22  Lakes College Agricultural Center to 
 26.23  reduce nitrate and phosphorus losses to 
 26.24  groundwater and surface waters of sandy 
 26.25  ecoregions through the development, 
 26.26  promotion, and adoption of new farming 
 26.27  and land management practices and 
 26.28  techniques.  This appropriation is 
 26.29  available until June 30, 2008, at which 
 26.30  time the project must be completed and 
 26.31  final products delivered, unless an 
 26.32  earlier date is specified in the work 
 26.33  program. 
 26.34  (j) Improving Impaired Watersheds:  Conservation
 26.35  Drainage Research
 26.36  $150,000 the first year and $150,000 
 26.37  the second year are from the trust fund 
 26.38  to the commissioner of agriculture to 
 26.39  analyze conservation drainage systems 
 26.40  at University of Minnesota research and 
 26.41  outreach centers for opportunities to 
 26.42  retrofit drainage infrastructure with 
 26.43  water quality improvement 
 26.44  technologies.  This appropriation is 
 26.45  available until June 30, 2008, at which 
 26.46  time the project must be completed and 
 26.47  final products delivered, unless an 
 26.48  earlier date is specified in the work 
 26.49  program. 
 26.50  (k) Hydrology, Habitat, and Energy Potential
 26.51  of Mine Lakes
 26.52  $188,000 the first year and $211,000 
 26.53  the second year are from the trust fund 
 26.54  to the commissioner of natural 
 26.55  resources for agency work and 
 26.56  agreements with Architectural 
 26.57  Resources, Inc., and Northeast 
 26.58  Technical Services, Inc., for a 
 26.59  coordinated effort of the Central Iron 
 26.60  Range Initiative to establish ultimate 
 26.61  mine water elevations, outflows, and 
 26.62  quality; design optimum future mineland 
 26.63  configurations for fish habitat and 
 26.64  lakeshore development; and evaluate 
 26.65  wind-pumped hydropower potential.  
 27.1   $62,000 the first year and $39,000 the 
 27.2   second year are from the trust fund to 
 27.3   the Minnesota Geological Survey at the 
 27.4   University of Minnesota to assess the 
 27.5   geology and mine pit morphometry. 
 27.6   (l) Hennepin County Beach Water Quality
 27.7   Monitoring Project
 27.8   $50,000 the first year and $50,000 the 
 27.9   second year are from the trust fund to 
 27.10  the commissioner of natural resources 
 27.11  for an agreement with Hennepin County 
 27.12  to develop a predictive model for 
 27.13  on-site determination of beach water 
 27.14  quality to prevent outbreaks of 
 27.15  waterborne illnesses and provide 
 27.16  related water safety outreach to the 
 27.17  public. 
 27.18  (m) Southwest Minnesota Floodwater Retention Projects
 27.19  $250,000 the first year and $250,000 
 27.20  the second year are from the trust fund 
 27.21  to the commissioner of natural 
 27.22  resources for an agreement with Area II 
 27.23  MN River Basin Projects, Inc., to 
 27.24  acquire easements and construct four 
 27.25  floodwater retention projects in the 
 27.26  Minnesota River Basin to improve water 
 27.27  quality and waterfowl habitat. 
 27.28  (n) Upgrades to Blue Heron Research Vessel
 27.29  $28,000 is from the Great Lakes 
 27.30  protection account in the first year 
 27.31  and $133,000 the first year and 
 27.32  $134,000 the second year are from the 
 27.33  trust fund to the University of 
 27.34  Minnesota, Large Lakes Observatory, to 
 27.35  upgrade and overhaul the Blue Heron 
 27.36  Research Vessel. 
 27.37  (o) Bassett Creek Valley Channel Restoration
 27.38  $87,000 the first year and $88,000 the 
 27.39  second year are from the trust fund to 
 27.40  the commissioner of natural resources 
 27.41  for an agreement with the city of 
 27.42  Minneapolis for design and engineering 
 27.43  activities for habitat restoration and 
 27.44  water quality and channel improvements 
 27.45  for Bassett Creek Valley. 
 27.46  (p) Restoration of Indian Lake
 27.47  $100,000 the first year and $100,000 
 27.48  the second year are from the trust fund 
 27.49  to the commissioner of natural 
 27.50  resources for agreements with MN 
 27.51  Environmental Services and Bemidji 
 27.52  State University to demonstrate the 
 27.53  removal of excess nutrients from Indian 
 27.54  Lake in Wright County.  This 
 27.55  appropriation is available until June 
 27.56  30, 2008, at which time the project 
 27.57  must be completed and final products 
 27.58  delivered, unless an earlier date is 
 27.59  specified in the work program, and is 
 27.60  contingent on all appropriate permits 
 27.61  being obtained. 
 28.1   Subd. 8.  Land Use and Natural Resource
 28.2   Information                            1,000,000      1,000,000
 28.3                 Summary by Fund
 28.4   Trust Fund            1,000,000     1,000,000
 28.5   (a) Minnesota County Biological Survey
 28.6   $500,000 the first year and $500,000 
 28.7   the second year are from the trust fund 
 28.8   to the commissioner of natural 
 28.9   resources for the tenth biennium to 
 28.10  accelerate the survey that identifies 
 28.11  significant natural areas and 
 28.12  systematically collects and interprets 
 28.13  data on the distribution and ecology of 
 28.14  native plant communities, rare plants, 
 28.15  and rare animals. 
 28.16  (b) Soil Survey
 28.17  $250,000 the first year and $250,000 
 28.18  the second year are from the trust fund 
 28.19  to the Board of Water and Soil 
 28.20  Resources to accelerate digitizing of 
 28.21  completed soil surveys for Web-based 
 28.22  user application and for agreements 
 28.23  with Pine and Crow Wing Counties to 
 28.24  begin soil surveys.  The new soil 
 28.25  surveys must be done on a cost-share 
 28.26  basis with local and federal funds.  
 28.27  This appropriation is available until 
 28.28  June 30, 2008, at which time the 
 28.29  project must be completed and final 
 28.30  products delivered, unless an earlier 
 28.31  date is specified in the work program. 
 28.32  (c) Land Cover Mapping for Natural Resource Protection
 28.33  $125,000 the first year and $125,000 
 28.34  the second year are from the trust fund 
 28.35  to the commissioner of natural 
 28.36  resources for an agreement with 
 28.37  Hennepin County to develop GIS tools 
 28.38  for prioritizing natural areas for 
 28.39  protection and restoration and to 
 28.40  update and complete land cover 
 28.41  classification mapping. 
 28.42  (d) Open Space Planning and Protection
 28.43  $125,000 the first year and $125,000 
 28.44  the second year are from the trust fund 
 28.45  to the commissioner of natural 
 28.46  resources for an agreement with Anoka 
 28.47  Conservation District to protect open 
 28.48  space by identifying high priority 
 28.49  natural resource corridors through 
 28.50  planning, conservation easements, and 
 28.51  land dedication as part of development 
 28.52  processes. 
 28.53  Subd. 9.  Agriculture and Natural
 28.54  Resource Industries                    1,342,000      1,341,000
 28.55                Summary by Fund
 28.56  Trust Fund            1,342,000     1,341,000
 28.57  (a) Completing Third-Party Certification
 29.1   of DNR Forest Lands
 29.2   $125,000 the first year and $125,000 
 29.3   the second year are from the trust fund 
 29.4   to the commissioner of natural 
 29.5   resources for third-party assessment 
 29.6   and certification of 4,470,000 acres of 
 29.7   DNR-administered lands under forest 
 29.8   sustainability standards established by 
 29.9   two internationally recognized forest 
 29.10  certification systems, the Forest 
 29.11  Stewardship Council system, and the 
 29.12  Sustainable Forestry Initiative system. 
 29.13  (b) Third-Party Certification of Private Woodlands
 29.14  $188,000 the first year and $188,000 
 29.15  the second year are from the trust fund 
 29.16  to the University of Minnesota, Cloquet 
 29.17  Forestry Center, to pilot a third-party 
 29.18  certification assessment framework for 
 29.19  nonindustrial private forest owners. 
 29.20  (c) Sustainable Management of Private Forest Lands
 29.21  $437,000 the first year and $437,000 
 29.22  the second year are from the trust fund 
 29.23  to the commissioner of natural 
 29.24  resources to develop stewardship plans 
 29.25  for private forested lands, implement 
 29.26  stewardship plans on a cost-share basis 
 29.27  and for conservation easements matching 
 29.28  federal funds.  This appropriation is 
 29.29  available until June 30, 2008, at which 
 29.30  time the project must be completed and 
 29.31  final products delivered, unless an 
 29.32  earlier date is specified in the work 
 29.33  program. 
 29.34  (d) Evaluating Riparian Timber Harvesting
 29.35  Guidelines:  Phase 2
 29.36  $167,000 the first year and $166,000 
 29.37  the second year are from the trust fund 
 29.38  to the University of Minnesota for a 
 29.39  second biennium to assess the timber 
 29.40  harvesting riparian management 
 29.41  guidelines for postharvest impacts on 
 29.42  terrestrial, aquatic, and wildlife 
 29.43  habitat.  This appropriation is 
 29.44  available until June 30, 2008, at which 
 29.45  time the project must be completed and 
 29.46  final products delivered, unless an 
 29.47  earlier date is specified in the work 
 29.48  program. 
 29.49  (e) Third Crops for Water Quality-Phase 2
 29.50  $250,000 the first year and $250,000 
 29.51  the second year are from the trust fund 
 29.52  to the commissioner of natural 
 29.53  resources for cooperative agreements 
 29.54  with Rural Advantage and the University 
 29.55  of Minnesota to accelerate adoption of 
 29.56  third crops to enhance water quality, 
 29.57  diversify cropping systems, supply 
 29.58  bioenergy, and provide wildlife habitat 
 29.59  through demonstration, research, and 
 29.60  education.  This appropriation is 
 29.61  available until June 30, 2008, at which 
 29.62  time the project must be completed and 
 30.1   final products delivered, unless an 
 30.2   earlier date is specified in the work 
 30.3   program. 
 30.4   (f) Bioconversion of Potato Waste into
 30.5   Marketable Biopolymers
 30.6   $175,000 the first year and $175,000 
 30.7   the second year are from the trust fund 
 30.8   to the commissioner of natural 
 30.9   resources for an agreement with Bemidji 
 30.10  State University to evaluate the 
 30.11  bioconversion of potato waste into 
 30.12  plant-based plastics.  This 
 30.13  appropriation is available until June 
 30.14  30, 2008, at which time the project 
 30.15  must be completed and final products 
 30.16  delivered, unless an earlier date is 
 30.17  specified in the work program. 
 30.18  Subd. 10.  Energy                      1,896,000      1,896,000
 30.19                Summary by Fund
 30.20  Trust Fund            1,896,000     1,896,000
 30.21  (a) Clean Energy Resource Teams and Community Wind
 30.22  Energy Rebate Program
 30.23  $350,000 the first year and $350,000 
 30.24  the second year are from the trust fund 
 30.25  to the commissioner of commerce.  
 30.26  $300,000 of this appropriation is to 
 30.27  provide technical assistance to 
 30.28  implement cost-effective conservation, 
 30.29  energy efficiency, and renewable energy 
 30.30  projects.  $400,000 of this 
 30.31  appropriation is to assist two 
 30.32  Minnesota communities in developing 
 30.33  locally owned wind energy projects by 
 30.34  offering financial assistance rebates. 
 30.35  (b) Planning for Economic Development
 30.36  via Energy Independence
 30.37  $120,000 the first year and $120,000 
 30.38  the second year are from the trust fund 
 30.39  to the commissioner of natural 
 30.40  resources for an agreement with the 
 30.41  University of Minnesota-Duluth to 
 30.42  evaluate the socioeconomic benefits of 
 30.43  statewide and community renewable 
 30.44  energy production and distribution by 
 30.45  analyzing system installation, 
 30.46  technical capabilities, 
 30.47  cost-competitiveness, economic impacts, 
 30.48  and policy incentives. 
 30.49  (c) Manure Methane Digester Compatible Wastes
 30.50  and Electrical Generation
 30.51  $50,000 the first year and $50,000 the 
 30.52  second year are from the trust fund to 
 30.53  the commissioner of agriculture to 
 30.54  research the potential for a centrally 
 30.55  located, multifarm manure digester and 
 30.56  the potential use of compatible waste 
 30.57  streams with manure digesters. 
 30.58  (d) Dairy Farm Digesters
 31.1   $168,000 the first year and $168,000 
 31.2   the second year are from the trust fund 
 31.3   to the commissioner of natural 
 31.4   resources for an agreement with the 
 31.5   Minnesota Project for a pilot project 
 31.6   to evaluate anaerobic digester 
 31.7   technology on average size dairy farms 
 31.8   of 50 to 300 cows. 
 31.9   (e) Wind to Hydrogen Demonstration
 31.10  $400,000 the first year and $400,000 
 31.11  the second year are from the trust fund 
 31.12  to the commissioner of natural 
 31.13  resources for an agreement with the 
 31.14  University of Minnesota, West Central 
 31.15  Research and Outreach Center, to 
 31.16  develop a model community-scale 
 31.17  wind-to-hydrogen facility. 
 31.18  (f) Natural Gas Production from
 31.19  Agricultural Biomass
 31.20  $50,000 the first year and $50,000 the 
 31.21  second year are from the trust fund to 
 31.22  the commissioner of natural resources 
 31.23  for an agreement with Sebesta Blomberg 
 31.24  and Associates to demonstrate potential 
 31.25  natural gas yield using anaerobic 
 31.26  digestion of blends of chopped grasses 
 31.27  or crop residue with hog manure and 
 31.28  determine optimum operating conditions 
 31.29  for conversion to natural gas. 
 31.30  (g) Biomass-Derived Oils for Generating Electricity
 31.31  and Reducing Emissions
 31.32  $75,000 the first year and $75,000 the 
 31.33  second year are from the trust fund to 
 31.34  the University of Minnesota to evaluate 
 31.35  the environmental and performance 
 31.36  benefits of using renewable 
 31.37  biomass-derived oils, such as soybean 
 31.38  oil, for generating electricity. 
 31.39  (h) Phillips Biomass Community Energy System
 31.40  $450,000 the first year and $450,000 
 31.41  the second year are from the trust fund 
 31.42  to the commissioner of natural 
 31.43  resources for an agreement with 
 31.44  Phillips Community Energy Cooperative 
 31.45  to assist in the distribution system 
 31.46  equipment and construction costs for a 
 31.47  biomass district energy system.  This 
 31.48  appropriation is contingent on all 
 31.49  appropriate permits being obtained and 
 31.50  a signed commitment of financing for 
 31.51  the biomass electrical generating 
 31.52  facility being in place. 
 31.53  (i) Laurentian Energy Authority Biomass Project
 31.54  $233,000 the first year and $233,000 
 31.55  the second year are from the trust fund 
 31.56  to the commissioner of natural 
 31.57  resources for an agreement with 
 31.58  Virginia Public Utility to lease land 
 31.59  and plant approximately 1,000 acres of 
 31.60  trees to support a proposed conversion 
 31.61  to a biomass power plant. 
 32.1   Subd. 11.  Environmental Education       360,000        360,000
 32.2                 Summary by Fund
 32.3   Trust Fund              360,000       360,000
 32.4   (a) Enhancing Civic Understanding of Groundwater
 32.5   $75,000 the first year and $75,000 the 
 32.6   second year are from the trust fund to 
 32.7   the commissioner of natural resources 
 32.8   for an agreement with the Science 
 32.9   Museum of Minnesota to create 
 32.10  groundwater exhibits and a statewide 
 32.11  traveling groundwater classroom 
 32.12  program.  This appropriation is 
 32.13  available until June 30, 2008, at which 
 32.14  time the project must be completed and 
 32.15  final products delivered, unless an 
 32.16  earlier date is specified in the work 
 32.17  program. 
 32.18  (b) Cedar Creek Natural History Area Interpretive
 32.19  Center and Restoration
 32.20  $200,000 the first year and $200,000 
 32.21  the second year are from the trust fund 
 32.22  to the commissioner of natural 
 32.23  resources for an agreement with the 
 32.24  University of Minnesota, Cedar Creek 
 32.25  Natural History Area, to restore 400 
 32.26  acres of savanna and prairie; construct 
 32.27  a Science Interpretive Center to 
 32.28  publicly demonstrate technologies for 
 32.29  energy efficiency; and create 
 32.30  interpretive trails.  This 
 32.31  appropriation is available until June 
 32.32  30, 2008, at which time the project 
 32.33  must be completed and final products 
 32.34  delivered, unless an earlier date is 
 32.35  specified in the work program. 
 32.36  (c) Environmental Problem-Solving Model
 32.37  for Twin Cities Schools
 32.38  $38,000 the first year and $37,000 the 
 32.39  second year are from the trust fund to 
 32.40  the commissioner of natural resources 
 32.41  for an agreement with Eco Education to 
 32.42  train high school students and teachers 
 32.43  on environmental problem solving. 
 32.44  (d) Tamarack Nature Center Exhibits
 32.45  $47,000 the first year and $48,000 the 
 32.46  second year are from the trust fund to 
 32.47  the commissioner of natural resources 
 32.48  for an agreement with Ramsey County 
 32.49  Parks and Recreation Department to 
 32.50  develop interactive ecological exhibits 
 32.51  at Tamarack Nature Center. 
 32.52  Subd. 12.  Children's Environmental
 32.53  Health                                   100,000        100,000
 32.54                Summary by Fund
 32.55  Trust Fund              100,000       100,000
 32.56  Minnesota Children's Pesticide Exposure
 32.57  Reduction Initiative
 33.1   $100,000 the first year and $100,000 
 33.2   the second year are appropriated to the 
 33.3   commissioner of agriculture to reduce 
 33.4   children's pesticide exposure through 
 33.5   parent education on alternative pest 
 33.6   control methods and safe pesticide use. 
 33.7   Subd. 13.  Data Availability Requirements
 33.8   (a) During the biennium ending June 30, 
 33.9   2007, data collected by the projects 
 33.10  funded under this section that have 
 33.11  value for planning and management of 
 33.12  natural resource, emergency 
 33.13  preparedness, and infrastructure 
 33.14  investments must conform to the 
 33.15  enterprise information architecture 
 33.16  developed by the Office of Technology.  
 33.17  Spatial data must conform to geographic 
 33.18  information system guidelines and 
 33.19  standards outlined in that architecture 
 33.20  and adopted by the Minnesota Geographic 
 33.21  Data Clearinghouse at the Land 
 33.22  Management Information Center.  A 
 33.23  description of these data that adheres 
 33.24  to Office of Technology geographic 
 33.25  metadata standards must be submitted to 
 33.26  the Land Management Information Center 
 33.27  to be made available online through the 
 33.28  clearinghouse, and the data themselves 
 33.29  must be accessible and free to the 
 33.30  public unless made private under the 
 33.31  Data Practices Act, Minnesota Statutes, 
 33.32  chapter 13. 
 33.33  (b) To the extent practicable, summary 
 33.34  data and results of projects funded 
 33.35  under this section should be readily 
 33.36  accessible on the Internet and 
 33.37  identified as an environment and 
 33.38  natural resources trust fund project. 
 33.39  (c) As part of project expenditures, 
 33.40  recipients of land acquisition 
 33.41  appropriations must provide the 
 33.42  information necessary to update public 
 33.43  recreation information maps to the 
 33.44  Department of Natural Resources in the 
 33.45  form specified by the department. 
 33.46  Subd. 14.  Project Requirements
 33.47  It is a condition of acceptance of the 
 33.48  appropriations in this section that any 
 33.49  agency or entity receiving the 
 33.50  appropriation must comply with 
 33.51  Minnesota Statutes, chapter 116P, and 
 33.52  vegetation planted must be native to 
 33.53  Minnesota and preferably of the local 
 33.54  ecotype unless the work program 
 33.55  approved by the commission expressly 
 33.56  allows the planting of species that are 
 33.57  not native to Minnesota.  Bridges that 
 33.58  are constructed with appropriations 
 33.59  under this section must be made out of 
 33.60  iron, concrete, or wood. 
 33.61  Subd. 15.  Match Requirements
 33.62  Unless specifically authorized, 
 34.1   appropriations in this section that 
 34.2   must be matched and for which the match 
 34.3   has not been committed by December 31, 
 34.4   2005, are canceled, and in-kind 
 34.5   contributions may not be counted as 
 34.6   matching funds. 
 34.7   Subd. 16.  Payment Conditions and Capital Equipment Expenditures
 34.8   All agreements, grants, or contracts 
 34.9   referred to in this section must be 
 34.10  administered on a reimbursement basis 
 34.11  unless otherwise provided in this 
 34.12  section.  Notwithstanding Minnesota 
 34.13  Statutes, section 16A.41, expenditures 
 34.14  made on or after July 1, 2005, or the 
 34.15  date the work program is approved, 
 34.16  whichever is later, are eligible for 
 34.17  reimbursement unless otherwise provided 
 34.18  in this section.  Payment must be made 
 34.19  upon receiving documentation that 
 34.20  project-eligible, reimbursable dollar 
 34.21  amounts have been expended, except that 
 34.22  reasonable amounts may be advanced to 
 34.23  projects to accommodate cash flow needs 
 34.24  or match federal funds.  The advances 
 34.25  must be approved as part of the work 
 34.26  program.  No expenditures for capital 
 34.27  equipment are allowed unless expressly 
 34.28  authorized in the project work program. 
 34.29  Subd. 17.  Purchase of Recycled and Recyclable Materials
 34.30  A political subdivision, public or 
 34.31  private corporation, or other entity 
 34.32  that receives an appropriation in this 
 34.33  section must use the appropriation in 
 34.34  compliance with Minnesota Statutes, 
 34.35  sections 16B.121 and 16B.122, requiring 
 34.36  the purchase of recycled, repairable, 
 34.37  and durable materials; the purchase of 
 34.38  uncoated paper stock; and the use of 
 34.39  soy-based ink, the same as if it were a 
 34.40  state agency. 
 34.41  Subd. 18.  Energy Conservation
 34.42  A recipient to whom an appropriation is 
 34.43  made in this section for a capital 
 34.44  improvement project shall ensure that 
 34.45  the project complies with the 
 34.46  applicable energy conservation 
 34.47  standards contained in law, including 
 34.48  Minnesota Statutes, sections 216C.19 
 34.49  and 216C.20, and rules adopted 
 34.50  thereunder.  The recipient may use the 
 34.51  energy planning, advocacy, and state 
 34.52  energy office units of the Department 
 34.53  of Commerce to obtain information and 
 34.54  technical assistance on energy 
 34.55  conservation and alternative energy 
 34.56  development relating to the planning 
 34.57  and construction of the capital 
 34.58  improvement project. 
 34.59  Subd. 19.  Accessibility
 34.60  Structural and nonstructural facilities 
 34.61  must meet the design standards in the 
 34.62  Americans with Disability Act (ADA) 
 34.63  accessibility guidelines. 
 35.1      Sec. 12.  Minnesota Statutes 2004, section 16A.125, 
 35.2   subdivision 5, is amended to read: 
 35.3      Subd. 5.  [FOREST TRUST LANDS.] (a) The term "state forest 
 35.4   trust fund lands" as used in this subdivision, means public land 
 35.5   in trust under the Constitution set apart as "forest lands under 
 35.6   the authority of the commissioner" of natural resources as 
 35.7   defined by section 89.001, subdivision 13. 
 35.8      (b) The commissioner of finance shall credit the revenue 
 35.9   from the forest trust fund lands to the forest suspense 
 35.10  account.  The account must specify the trust funds interested in 
 35.11  the lands and the respective receipts of the lands. 
 35.12     (c) After a fiscal year, the commissioner of finance shall 
 35.13  certify the total costs incurred for forestry during that year 
 35.14  under appropriations for the protection, improvement, 
 35.15  administration, and management of state forest trust fund lands 
 35.16  and construction and improvement of forest roads to enhance the 
 35.17  forest value of the lands.  The certificate must specify the 
 35.18  trust funds interested in the lands.  The commissioner of 
 35.19  natural resources shall supply the commissioner of finance with 
 35.20  the information needed for the certificate. 
 35.21     (d) After a fiscal year, the commissioner shall distribute 
 35.22  the receipts credited to the suspense account during that fiscal 
 35.23  year as follows: 
 35.24     (a) (1) the amount of the certified costs incurred by the 
 35.25  state for forest management, forest improvement, and road 
 35.26  improvement during the fiscal year shall be transferred to 
 35.27  the general fund. forest management investment account 
 35.28  established under section 89.039; 
 35.29     (2) the balance of the certified costs incurred by the 
 35.30  state during the fiscal year shall be transferred to the general 
 35.31  fund; and 
 35.32     (b) (3) the balance of the receipts shall then be returned 
 35.33  prorated to the trust funds in proportion to their respective 
 35.34  interests in the lands which produced the receipts. 
 35.35     Sec. 13.  Minnesota Statutes 2004, section 17.03, 
 35.36  subdivision 13, is amended to read: 
 36.1      Subd. 13.  [SEMIANNUAL REPORTS.] (a) By October 15 and 
 36.2   April 15 of each year, The commissioner shall submit to the 
 36.3   legislative committees having jurisdiction over appropriations 
 36.4   from the agricultural fund in section 16A.531 a report reports 
 36.5   on the amount of revenue raised in each fee account within the 
 36.6   fund, the expenditures from each account, and the purposes for 
 36.7   which the expenditures were made.  The reports must be issued in 
 36.8   February and November each year, to coincide with the forecasts 
 36.9   of revenue and expenditures prepared under section 16A.103. 
 36.10     (b) The report delivered on October 15 in February of each 
 36.11  year must include the commissioner's recommendations, if any, 
 36.12  for changes in statutes relating to the fee accounts of the 
 36.13  agricultural fund. 
 36.14     Sec. 14.  Minnesota Statutes 2004, section 17.117, is 
 36.15  amended by adding a subdivision to read: 
 36.16     Subd. 5b.  [APPLICATION FEE.] The commissioner may impose a 
 36.17  nonrefundable application fee of $50 for each loan issued under 
 36.18  the program.  The fees must be credited to the agricultural best 
 36.19  management practices administration account, which is hereby 
 36.20  established in the agricultural fund.  Interest earned in the 
 36.21  account accrues to the account.  Money in the account and 
 36.22  interest earned in the accounts established in the agricultural 
 36.23  fund under subdivision 5a are appropriated to the commissioner 
 36.24  for administrative expenses of the program. 
 36.25     Sec. 15.  Minnesota Statutes 2004, section 17B.03, 
 36.26  subdivision 1, is amended to read: 
 36.27     Subdivision 1.  [COMMISSIONER'S POWERS.] The commissioner 
 36.28  of agriculture shall exercise general supervision over the 
 36.29  inspection, grading, weighing, sampling, and analysis of grain 
 36.30  subject to the provisions of the United States Grain Standards 
 36.31  Act of 1976 and the rules promulgated thereunder by the United 
 36.32  States Department of Agriculture.  This activity may take place 
 36.33  within or outside the state of Minnesota.  Scale testing must be 
 36.34  performed at export locations or, upon request from and with the 
 36.35  consent of the delegated authority, at domestic locations.  Fees 
 36.36  for the testing of scales and weighing equipment shall be fixed 
 37.1   by the commissioner and must be uniform with those charged by 
 37.2   the Division of Weights and Measures of the Department of 
 37.3   Commerce. 
 37.4      Sec. 16.  Minnesota Statutes 2004, section 18B.05, 
 37.5   subdivision 1, is amended to read: 
 37.6      Subdivision 1.  [ESTABLISHMENT.] A pesticide regulatory 
 37.7   account is established in the agricultural fund.  Fees, 
 37.8   assessments, and penalties collected under this chapter must be 
 37.9   deposited in the agricultural fund and credited to the pesticide 
 37.10  regulatory account.  Money in the account, including interest, 
 37.11  is appropriated to the commissioner for the administration and 
 37.12  enforcement of this chapter. 
 37.13     Sec. 17.  Minnesota Statutes 2004, section 18B.08, 
 37.14  subdivision 4, is amended to read: 
 37.15     Subd. 4.  [APPLICATION FEE.] A person initially applying 
 37.16  for a chemigation permit must pay a nonrefundable application 
 37.17  fee of $50 $250.  A person who holds a fertilizer chemigation 
 37.18  permit under section 18C.205, is exempt from the fee in this 
 37.19  subdivision.  
 37.20     Sec. 18.  Minnesota Statutes 2004, section 18B.26, 
 37.21  subdivision 3, is amended to read: 
 37.22     Subd. 3.  [APPLICATION FEE.] (a) A registrant shall pay an 
 37.23  annual application fee for each pesticide to be registered, and 
 37.24  this fee is set at one-tenth of one percent for calendar year 
 37.25  1990, at one-fifth of one percent for calendar year 1991, and at 
 37.26  two-fifths of one percent for calendar year 1992 and thereafter 
 37.27  of annual gross sales within the state and annual gross sales of 
 37.28  pesticides used in the state, with a minimum nonrefundable fee 
 37.29  of $250.  The registrant shall determine when and which 
 37.30  pesticides are sold or used in this state.  The registrant shall 
 37.31  secure sufficient sales information of pesticides distributed 
 37.32  into this state from distributors and dealers, regardless of 
 37.33  distributor location, to make a determination.  Sales of 
 37.34  pesticides in this state and sales of pesticides for use in this 
 37.35  state by out-of-state distributors are not exempt and must be 
 37.36  included in the registrant's annual report, as required under 
 38.1   paragraph (c), and fees shall be paid by the registrant based 
 38.2   upon those reported sales.  Sales of pesticides in the state for 
 38.3   use outside of the state are exempt from the application fee in 
 38.4   this paragraph if the registrant properly documents the sale 
 38.5   location and distributors.  A registrant paying more than the 
 38.6   minimum fee shall pay the balance due by March 1 based on the 
 38.7   gross sales of the pesticide by the registrant for the preceding 
 38.8   calendar year.  The fee for disinfectants and sanitizers shall 
 38.9   be the minimum.  The minimum fee is due by December 31 preceding 
 38.10  the year for which the application for registration is made.  
 38.11  The commissioner shall spend at least $300,000 per fiscal year 
 38.12  from the pesticide regulatory account for the purposes of the 
 38.13  waste pesticide collection program. 
 38.14     (b) An additional fee of $100 must be paid by the applicant 
 38.15  for each pesticide to be registered if the application is a 
 38.16  renewal application that is submitted after December 31. 
 38.17     (c) A registrant must annually report to the commissioner 
 38.18  the amount and type of each registered pesticide sold, offered 
 38.19  for sale, or otherwise distributed in the state.  The report 
 38.20  shall be filed by March 1 for the previous year's registration.  
 38.21  The commissioner shall specify the form of the report and 
 38.22  require additional information deemed necessary to determine the 
 38.23  amount and type of pesticides annually distributed in the 
 38.24  state.  The information required shall include the brand name, 
 38.25  amount, and formulation of each pesticide sold, offered for 
 38.26  sale, or otherwise distributed in the state, but the information 
 38.27  collected, if made public, shall be reported in a manner which 
 38.28  does not identify a specific brand name in the report. 
 38.29     (d) A registrant who is required to pay more than the 
 38.30  minimum fee for any pesticide under paragraph (a) must pay a 
 38.31  late fee penalty of $100 for each pesticide application fee paid 
 38.32  after March 1 in the year for which the license is to be issued. 
 38.33     Sec. 19.  Minnesota Statutes 2004, section 18B.31, 
 38.34  subdivision 5, is amended to read: 
 38.35     Subd. 5.  [APPLICATION FEE.] (a) An application for a 
 38.36  pesticide dealer license must be accompanied by a nonrefundable 
 39.1   application fee of $50 $150. 
 39.2      (b) If an application for renewal of a pesticide dealer 
 39.3   license is not filed before January 1 of the year for which the 
 39.4   license is to be issued, an additional fee of $20 must be paid 
 39.5   by the applicant before the license is issued. 
 39.6      Sec. 20.  Minnesota Statutes 2004, section 18B.315, 
 39.7   subdivision 6, is amended to read: 
 39.8      Subd. 6.  [FEES.] (a) An applicant for an aquatic pest 
 39.9   control license for a business must pay a nonrefundable 
 39.10  application fee of $100 $200.  An employee of a licensed 
 39.11  business must pay a nonrefundable application fee of $50 for an 
 39.12  individual aquatic pest control license. 
 39.13     (b) An application received after expiration of the aquatic 
 39.14  pest control license is subject to a penalty of 50 percent of 
 39.15  the application fee. 
 39.16     (c) An applicant that meets renewal requirements by 
 39.17  reexamination instead of attending workshops must pay the 
 39.18  equivalent workshop fee for the reexamination as determined by 
 39.19  the commissioner. 
 39.20     Sec. 21.  Minnesota Statutes 2004, section 18B.32, 
 39.21  subdivision 6, is amended to read: 
 39.22     Subd. 6.  [FEES.] (a) An applicant for a structural pest 
 39.23  control license for a business must pay a nonrefundable 
 39.24  application fee of $100 $200.  An employee of a licensed 
 39.25  business must pay a nonrefundable application fee of $50 for an 
 39.26  individual structural pest control license.  
 39.27     (b) An application received after expiration of the 
 39.28  structural pest control license is subject to a penalty fee of 
 39.29  50 percent of the application fee. 
 39.30     (c) An applicant that meets renewal requirements by 
 39.31  reexamination instead of attending workshops must pay the 
 39.32  equivalent workshop fee for the reexamination as determined by 
 39.33  the commissioner. 
 39.34     Sec. 22.  Minnesota Statutes 2004, section 18B.33, 
 39.35  subdivision 7, is amended to read: 
 39.36     Subd. 7.  [APPLICATION FEES.] (a) A person initially 
 40.1   applying for or renewing a commercial applicator license must 
 40.2   pay a nonrefundable application fee of $50. 
 40.3      (b) If A license renewal application is not filed 
 40.4   before received after March 1 of in the year for which the 
 40.5   license is to be issued, an additional is subject to a penalty 
 40.6   fee of $10 must be paid before the commercial applicator 50 
 40.7   percent of the application fee.  The penalty fee must be paid 
 40.8   before the renewal license may be issued. 
 40.9      (c) An application for a duplicate commercial applicator 
 40.10  license must be accompanied by a nonrefundable application fee 
 40.11  of $10.  
 40.12     Sec. 23.  Minnesota Statutes 2004, section 18B.34, 
 40.13  subdivision 5, is amended to read: 
 40.14     Subd. 5.  [FEES.] (a) A person initially applying for or 
 40.15  renewing a noncommercial applicator license must pay a 
 40.16  nonrefundable application fee of $50, except an applicant who is 
 40.17  a government or Minnesota Conservation Corps employee who uses 
 40.18  pesticides in the course of performing official duties must pay 
 40.19  a nonrefundable application fee of $10.  
 40.20     (b) If an A license renewal application for renewal of a 
 40.21  noncommercial license is not filed before received after March 1 
 40.22  in the year for which the license is to be issued, an additional 
 40.23  is subject to a penalty fee of $10 must be paid before the 50 
 40.24  percent of the application fee.  The penalty fee must be paid 
 40.25  before the renewal license may be issued.  
 40.26     (c) An application for a duplicate noncommercial applicator 
 40.27  license must be accompanied by a nonrefundable application fee 
 40.28  of $10.  
 40.29     Sec. 24.  Minnesota Statutes 2004, section 18C.141, 
 40.30  subdivision 1, is amended to read: 
 40.31     Subdivision 1.  [PROGRAM ESTABLISHMENT.] The commissioner 
 40.32  shall establish a program voluntary programs to certify the 
 40.33  accuracy of analyses from soil and manure testing laboratories 
 40.34  and promote standardization of soil and manure testing 
 40.35  procedures and analytical results.  
 40.36     Sec. 25.  Minnesota Statutes 2004, section 18C.141, 
 41.1   subdivision 3, is amended to read: 
 41.2      Subd. 3.  [ANALYSES REPORTING STANDARDS.] (a) The results 
 41.3   obtained from soil, manure, or plant analysis must be reported 
 41.4   in accordance with standard reporting units established by the 
 41.5   commissioner by rule.  The standard reporting units must conform 
 41.6   as far as practical to uniform standards that are adopted on a 
 41.7   regional or national basis. 
 41.8      (b) If a certified laboratory offers a recommendation for 
 41.9   use in Minnesota, the University of Minnesota recommendation or 
 41.10  that of another land grant college in a contiguous state must be 
 41.11  offered in addition to other recommendations, and the source of 
 41.12  the recommendation must be identified on the recommendation 
 41.13  form.  If relative levels such as low, medium, or high are 
 41.14  presented to classify the analytical results, the corresponding 
 41.15  relative levels based on the analysis as designated by the 
 41.16  University of Minnesota or the land grant college in a 
 41.17  contiguous state must also be presented. 
 41.18     Sec. 26.  Minnesota Statutes 2004, section 18C.141, 
 41.19  subdivision 5, is amended to read: 
 41.20     Subd. 5.  [CERTIFICATION FEES.] (a) The commissioner may 
 41.21  charge the actual costs for check sample preparation and 
 41.22  shipping. 
 41.23     (b) A laboratory applying for certification shall pay an 
 41.24  application fee of $100 and a certification fee of $100 before 
 41.25  the certification is issued may be charged a nonrefundable 
 41.26  certification fee to cover the actual costs for administration 
 41.27  of the program.  
 41.28     (b) (c) Certification is valid for one year and the renewal 
 41.29  fee is $100.  The commissioner shall charge an additional 
 41.30  application fee of $100 if a certified laboratory allows 
 41.31  certification to lapse before applying for renewed certification 
 41.32  renewable on an annual basis. 
 41.33     (c) The commissioner shall notify a certified lab that its 
 41.34  certification lapses within 30 to 60 days of the date when the 
 41.35  certification lapses. 
 41.36     (d) The commissioner may accept donations to support the 
 42.1   development and operation of soil and manure programs. 
 42.2      (e) Revenues under this section are deposited in the 
 42.3   fertilizer account of the agricultural fund. 
 42.4      Sec. 27.  Minnesota Statutes 2004, section 18C.425, 
 42.5   subdivision 6, is amended to read: 
 42.6      Subd. 6.  [INSPECTION FEES.] The person responsible for 
 42.7   payment of the inspection fees for fertilizers, soil amendments, 
 42.8   or plant amendments sold and used in this state must pay an 
 42.9   inspection fee of 15 30 cents per ton of fertilizer, soil 
 42.10  amendment, and plant amendment sold or distributed in this 
 42.11  state, with a minimum of $10 on all tonnage reports.  Products 
 42.12  sold or distributed to manufacturers or exchanged between them 
 42.13  are exempt from the inspection fee imposed by this subdivision 
 42.14  if the products are used exclusively for manufacturing purposes. 
 42.15     Sec. 28.  Minnesota Statutes 2004, section 18E.03, 
 42.16  subdivision 2, is amended to read: 
 42.17     Subd. 2.  [EXPENDITURES.] (a) Money in the agricultural 
 42.18  chemical response and reimbursement account may only be used: 
 42.19     (1) to pay for the commissioner's responses to incidents 
 42.20  under chapters 18B, 18C, and 18D that are not eligible for 
 42.21  payment under section 115B.20, subdivision 2; 
 42.22     (2) to pay for emergency responses that are otherwise 
 42.23  unable to be funded; 
 42.24     (3) to reimburse and pay corrective action costs under 
 42.25  section 18E.04; and 
 42.26     (4) by the board to reimburse the commissioner for board 
 42.27  staff and other administrative costs up to $175,000 $225,000 per 
 42.28  fiscal year. 
 42.29     (b) Money in the agricultural chemical response and 
 42.30  reimbursement account is appropriated to the commissioner to 
 42.31  make payments as provided in this subdivision. 
 42.32     Sec. 29.  Minnesota Statutes 2004, section 18G.10, 
 42.33  subdivision 5, is amended to read: 
 42.34     Subd. 5.  [CERTIFICATE FEES.] (a) The commissioner shall 
 42.35  assess the fees in paragraphs (b) to (f) for the inspection, 
 42.36  service, and work performed in carrying out the issuance of a 
 43.1   phytosanitary certificate or export certificate.  The inspection 
 43.2   fee must be based on mileage and inspection time. 
 43.3      (b) Mileage charge:  current United States Internal Revenue 
 43.4   Service mileage rate. 
 43.5      (c) Inspection time:  $50 per hour minimum or fee necessary 
 43.6   to cover department costs.  Inspection time includes the driving 
 43.7   time to and from the location in addition to the time spent 
 43.8   conducting the inspection. 
 43.9      (d) A fee must be charged for any certificate issued that 
 43.10  requires laboratory analysis before issuance.  The fee must be 
 43.11  deposited into the laboratory account as authorized in section 
 43.12  17.85. If laboratory analysis or other technical analysis is 
 43.13  required to issue a certificate, the commissioner must set and 
 43.14  collect the fee to recover this additional cost. 
 43.15     (e) Certificate fee for product value greater than $250:  
 43.16  $75 for each phytosanitary or export certificate issued for any 
 43.17  single shipment valued at more than $250 in addition to any 
 43.18  mileage or inspection time charges that are assessed. 
 43.19     (f) Certificate fee for product value less than $250:  $25 
 43.20  for each phytosanitary or export certificate issued for any 
 43.21  single shipment valued at less than $250 in addition to any 
 43.22  mileage or inspection time charges that are assessed. 
 43.23     (g) For services provided for in subdivision 7 that are 
 43.24  goods and services provided for the direct and primary use of a 
 43.25  private individual, business, or other entity, the commissioner 
 43.26  must set and collect the fees to cover the cost of the services 
 43.27  provided. 
 43.28     Sec. 30.  Minnesota Statutes 2004, section 18G.10, 
 43.29  subdivision 7, is amended to read: 
 43.30     Subd. 7.  [PLANT PROTECTION INSPECTIONS, SUPPLEMENTAL, 
 43.31  ADDITIONAL, OR OTHER CERTIFICATES, AND PERMITS, AND FEES.] (a) 
 43.32  The commissioner may provide inspection, sampling, or 
 43.33  certification services to ensure that Minnesota plant products 
 43.34  or commodities meet import requirements of other states or 
 43.35  countries. 
 43.36     (b) The state plant regulatory official may issue permits 
 44.1   and certificates verifying that various Minnesota agricultural 
 44.2   products or commodities meet specified phytosanitary plant 
 44.3   health requirements, treatment requirements, or pest absence 
 44.4   assurances based on determinations by the commissioner.  The 
 44.5   commissioner may collect fees sufficient to recover costs for 
 44.6   these permits or certificates.  The fees must be deposited in 
 44.7   the nursery and phytosanitary account. 
 44.8      Sec. 31.  Minnesota Statutes 2004, section 18G.16, 
 44.9   subdivision 1, is amended to read: 
 44.10     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 44.11  subdivision apply to this section. 
 44.12     (b) "Metropolitan area" means the counties of Anoka, 
 44.13  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
 44.14     (c) "Municipality" means a home rule charter or statutory 
 44.15  city or a town located in the metropolitan area that exercises 
 44.16  municipal powers under section 368.01 or any general or special 
 44.17  law; a special park district organized under chapter 398; a 
 44.18  special-purpose park and recreation board organized under the 
 44.19  city charter of a city of the first class located in the 
 44.20  metropolitan area; a county in the metropolitan area for the 
 44.21  purposes of county-owned property or any portion of a county 
 44.22  located outside the geographic boundaries of a city or a town 
 44.23  exercising municipal powers; and a municipality or county 
 44.24  located outside the metropolitan area with an approved disease 
 44.25  control program. 
 44.26     (d) "Shade tree disease pest" means Dutch elm disease, oak 
 44.27  wilt, or any disorder pests or pathogens affecting the growth 
 44.28  and life of shade trees. 
 44.29     (e) "Wood utilization or disposal system" means facilities, 
 44.30  equipment, or systems used for the removal and disposal of 
 44.31  diseased or pest-infested shade trees, including collection, 
 44.32  transportation, processing, or storage of wood and assisting in 
 44.33  the recovery of materials or energy from wood. 
 44.34     (f) "Approved disease pest control program" means a 
 44.35  municipal plan approved by the commissioner to control or 
 44.36  eradicate a shade tree disease pest. 
 45.1      (g) "Disease Pest control area" means an area approved by 
 45.2   the commissioner within which a municipality will conduct an 
 45.3   approved disease pest control program. 
 45.4      (h) "Sanitation" means the identification, inspection, 
 45.5   disruption of a common root system, girdling, trimming, removal, 
 45.6   and disposal of dead, pest-infested or diseased wood of shade 
 45.7   trees, including subsidies for trees removed pursuant to 
 45.8   subdivision 4, on public or private property within a disease 
 45.9   control area. 
 45.10     (i) "Reforestation" means the replacement of shade trees 
 45.11  removed from public property and the planting of a tree as part 
 45.12  of a municipal disease control program.  For purposes of this 
 45.13  paragraph, "public property" includes private property within 
 45.14  five feet of the boulevard or street terrace in a city that 
 45.15  enacted an ordinance on or before January 1, 1977, that 
 45.16  prohibits or requires a permit for the planting of trees in the 
 45.17  public right-of-way. 
 45.18     (j) "Shade tree" means a woody perennial grown primarily 
 45.19  for aesthetic or environmental purposes. 
 45.20     Sec. 32.  Minnesota Statutes 2004, section 18G.16, 
 45.21  subdivision 2, is amended to read: 
 45.22     Subd. 2.  [COMMISSIONER TO ADOPT RULES.] The commissioner 
 45.23  may adopt rules relating to shade tree pest and disease control 
 45.24  in any municipality.  The rules must prescribe control measures 
 45.25  to be used to prevent the spread of shade tree pests and 
 45.26  diseases and must include the following: 
 45.27     (1) a definition of shade tree; 
 45.28     (2) qualifications for tree inspectors; 
 45.29     (3) methods of identifying diseased or infested 
 45.30  pest-infested shade trees; 
 45.31     (4) procedures for giving reasonable notice of inspection 
 45.32  of private real property; 
 45.33     (5) measures for the removal of any shade tree which may 
 45.34  contribute to the spread of shade tree pests or disease and for 
 45.35  reforestation of pest or disease control areas; 
 45.36     (6) approved methods of treatment of shade trees; 
 46.1      (7) criteria for priority designation areas in an approved 
 46.2   pest or disease control program; and 
 46.3      (8) any other matters determined necessary by the 
 46.4   commissioner to prevent the spread of shade tree pests or 
 46.5   disease and enforce this section. 
 46.6      Sec. 33.  Minnesota Statutes 2004, section 18G.16, 
 46.7   subdivision 3, is amended to read: 
 46.8      Subd. 3.  [DIAGNOSTIC LABORATORY.] The commissioner shall 
 46.9   operate a diagnostic laboratory for culturing diseased or 
 46.10  infested pest-infested trees for positive identification of 
 46.11  diseased or infested pest-infested shade trees. 
 46.12     Sec. 34.  Minnesota Statutes 2004, section 18G.16, 
 46.13  subdivision 4, is amended to read: 
 46.14     Subd. 4.  [COOPERATION BY UNIVERSITY.] The University of 
 46.15  Minnesota College of Natural Resources shall cooperate with the 
 46.16  department in control of shade tree disease, pests, and 
 46.17  disorders and management of shade tree populations.  The College 
 46.18  of Natural Resources shall cooperate with the department to 
 46.19  conduct tree inspector certification and recertification 
 46.20  workshops for certified tree inspectors.  The College of Natural 
 46.21  Resources shall also conduct research into means for identifying 
 46.22  diseased or pest-infested shade trees, develop and evaluate 
 46.23  control measures, and develop means for disposing of and using 
 46.24  diseased or pest-infested shade trees. 
 46.25     Sec. 35.  Minnesota Statutes 2004, section 18G.16, 
 46.26  subdivision 5, is amended to read: 
 46.27     Subd. 5.  [EXPERIMENTAL PROGRAMS.] The commissioner may 
 46.28  establish experimental programs for sanitation or treatment of 
 46.29  shade tree diseases and for research into tree varieties most 
 46.30  suitable for municipal reforestation.  The research must include 
 46.31  considerations of disease resistance, energy conservation, and 
 46.32  other factors considered appropriate.  The commissioner may make 
 46.33  grants to municipalities or enter into contracts with 
 46.34  municipalities, nurseries, colleges, universities, or state or 
 46.35  federal agencies in connection with experimental shade tree 
 46.36  programs including research to assist municipalities in 
 47.1   establishing priority designation areas for shade tree disease 
 47.2   pest control and energy conservation. 
 47.3      Sec. 36.  Minnesota Statutes 2004, section 18G.16, 
 47.4   subdivision 6, is amended to read: 
 47.5      Subd. 6.  [REMOVAL OF DISEASED OR INFESTED PEST-INFESTED 
 47.6   TREES.] After reasonable notice of inspection, an owner of real 
 47.7   property containing a shade tree that is diseased, infested, or 
 47.8   may contribute to the spread of pests or disease, must remove or 
 47.9   treat the tree within the period of time and in the manner 
 47.10  established by the commissioner.  Trees that are not removed in 
 47.11  compliance with the commissioner's rules must be declared a 
 47.12  public nuisance and removed or treated by approved methods by 
 47.13  the municipality, which may assess all or part of the expense, 
 47.14  limited to the lowest contract rates available that include wage 
 47.15  levels which meet Minnesota minimum wage standards, to the 
 47.16  property and the expense becomes a lien on the property.  A 
 47.17  municipality may assess not more than 50 percent of the expense 
 47.18  of treating with an approved method or removing diseased or 
 47.19  pest-infested shade trees located on street terraces or 
 47.20  boulevards to the abutting properties and the assessment becomes 
 47.21  a lien on the property. 
 47.22     Sec. 37.  Minnesota Statutes 2004, section 18G.16, 
 47.23  subdivision 7, is amended to read: 
 47.24     Subd. 7.  [RULES; APPLICABILITY TO MUNICIPALITIES.] The 
 47.25  rules of the commissioner apply in a municipality unless the 
 47.26  municipality adopts an ordinance determined by the commissioner 
 47.27  to be more stringent than the rules of the commissioner.  The 
 47.28  rules of the commissioner or the municipality apply to all state 
 47.29  agencies, special purpose districts, and metropolitan 
 47.30  commissions as defined in section 473.121, subdivision 5a, that 
 47.31  own or control land adjacent to or within a shade tree disease 
 47.32  pest control area. 
 47.33     Sec. 38.  Minnesota Statutes 2004, section 18G.16, 
 47.34  subdivision 8, is amended to read: 
 47.35     Subd. 8.  [GRANTS TO MUNICIPALITIES.] (a) The commissioner 
 47.36  may, in the name of the state and within the limit of 
 48.1   appropriations provided, make a grant to a municipality with an 
 48.2   approved disease pest control program for the partial funding of 
 48.3   municipal sanitation and reforestation programs to replace trees 
 48.4   lost to pest, disease, or natural disaster.  The commissioner 
 48.5   may make a grant to a home rule charter or statutory city, a 
 48.6   special purpose park and recreation board organized under a 
 48.7   charter of a city of the first class, a nonprofit corporation 
 48.8   serving a city of the first class, or a county having an 
 48.9   approved disease control program for the acquisition or 
 48.10  implementation of a wood use or disposal system. 
 48.11     (b) The commissioner shall adopt rules for the 
 48.12  administration of grants under this subdivision.  The rules must 
 48.13  contain: 
 48.14     (1) procedures for grant applications; 
 48.15     (2) conditions and procedures for the administration of 
 48.16  grants; 
 48.17     (3) criteria of eligibility for grants including, but not 
 48.18  limited to, those specified in this subdivision; and 
 48.19     (4) other matters the commissioner may find necessary to 
 48.20  the proper administration of the grant program. 
 48.21     (c) Grants for wood utilization and disposal systems made 
 48.22  by the commissioner under this subdivision must not exceed 50 
 48.23  percent of the total cost of the system.  Grants for sanitation 
 48.24  and reforestation must be combined into one grant program.  
 48.25  Grants to a municipality for sanitation must not exceed 50 
 48.26  percent of sanitation costs approved by the commissioner 
 48.27  including any amount of sanitation costs paid by special 
 48.28  assessments, ad valorem taxes, federal grants, or other funds.  
 48.29  A municipality must not specially assess a property owner an 
 48.30  amount greater than the amount of the tree's sanitation cost 
 48.31  minus the amount of the tree's sanitation cost reimbursed by the 
 48.32  commissioner.  Grants to municipalities for reforestation must 
 48.33  not exceed 50 percent of the wholesale cost of the trees planted 
 48.34  under the reforestation program; provided that a reforestation 
 48.35  grant to a county may include 90 percent of the cost of the 
 48.36  first 50 trees planted on public property in a town not included 
 49.1   in the definition of municipality in subdivision 1 and with less 
 49.2   than 1,000 population when the town applies to the county.  
 49.3   Reforestation grants to towns and home rule charter or statutory 
 49.4   cities of less than 4,000 population with an approved disease 
 49.5   pest control program may include 90 percent of the cost of the 
 49.6   first 50 trees planted on public property.  The governing body 
 49.7   of a municipality that receives a reforestation grant under this 
 49.8   section must appoint up to seven residents of the municipality 
 49.9   or designate an existing municipal board or committee to serve 
 49.10  as a reforestation advisory committee to advise the governing 
 49.11  body of the municipality in the administration of the 
 49.12  reforestation program.  For the purpose of this subdivision, 
 49.13  "cost" does not include the value of a gift or dedication of 
 49.14  trees required by a municipal ordinance but does include 
 49.15  documented "in-kind" services or voluntary work for 
 49.16  municipalities with a population of less than 1,000 according to 
 49.17  the most recent federal census. 
 49.18     (d) Based upon estimates submitted by the municipality to 
 49.19  the commissioner, which state the estimated costs of sanitation 
 49.20  and reforestation in the succeeding quarter under an approved 
 49.21  program, the commissioner shall direct quarterly advance 
 49.22  payments to be made by the state to the municipality commencing 
 49.23  April 1.  The commissioner shall direct adjustment of any 
 49.24  overestimate in a succeeding quarter.  A municipality may elect 
 49.25  to receive the proceeds of its sanitation and reforestation 
 49.26  grants on a periodic cost reimbursement basis.  
 49.27     (e) A home rule charter or statutory city, county outside 
 49.28  the metropolitan area, or any municipality, as defined in 
 49.29  subdivision 1, may submit an application for a grant authorized 
 49.30  by this subdivision concurrently with its request for approval 
 49.31  of a disease pest control program. 
 49.32     (f) The commissioner shall not make grants for sanitation 
 49.33  and reforestation or wood utilization and disposal systems in 
 49.34  excess of 67 percent of the amounts appropriated for those 
 49.35  purposes to the municipalities located within the metropolitan 
 49.36  area, as defined in subdivision 1. 
 50.1      Sec. 39.  Minnesota Statutes 2004, section 18G.16, 
 50.2   subdivision 9, is amended to read: 
 50.3      Subd. 9.  [SUBSIDIES TO CERTAIN OWNERS.] A municipality may 
 50.4   provide subsidies to nonprofit organizations, to owners of 
 50.5   private residential property of five acres or less, to owners of 
 50.6   property used for a homestead of more than five acres but less 
 50.7   than 20 acres, and to nonprofit cemeteries for the approved 
 50.8   treatment or removal of diseased or pest-infested shade trees. 
 50.9      Notwithstanding any law to the contrary, an owner of 
 50.10  property on which shade trees are located may contract with a 
 50.11  municipality to provide protection against the cost of approved 
 50.12  treatment or removal of diseased or pest-infested shade trees or 
 50.13  shade trees that will contribute to the spread of shade tree 
 50.14  diseases or pest infestations.  Under the contract, the 
 50.15  municipality must pay for the removal or approved treatment 
 50.16  under terms and conditions determined by its governing body. 
 50.17     Sec. 40.  Minnesota Statutes 2004, section 18G.16, 
 50.18  subdivision 14, is amended to read: 
 50.19     Subd. 14.  [MUNICIPAL OPTION TO PARTICIPATE IN PROGRAM.] 
 50.20  The term "municipality" shall include only those municipalities 
 50.21  which have informed the commissioner of their intent to continue 
 50.22  an approved disease pest control program.  Any municipality 
 50.23  desiring to participate in the grants-in-aid for the partial 
 50.24  funding of municipal sanitation and reforestation programs must 
 50.25  notify the commissioner in writing before the beginning of the 
 50.26  calendar year in which it wants to participate and must have an 
 50.27  approved disease pest control program during any year in which 
 50.28  it receives grants-in-aid.  Notwithstanding the provisions of 
 50.29  any law to the contrary, no municipality shall be required to 
 50.30  have an approved disease control program after December 31, 1981.
 50.31     Sec. 41.  Minnesota Statutes 2004, section 18H.07, 
 50.32  subdivision 1, is amended to read: 
 50.33     Subdivision 1.  [ESTABLISHMENT OF FEES.] The commissioner 
 50.34  shall establish fees sufficient to allow for the administration 
 50.35  and enforcement of this chapter and rules adopted under this 
 50.36  chapter, including the portion of general support costs and 
 51.1   statewide indirect costs of the agency attributable to that 
 51.2   function, with a reserve sufficient for up to six months.  The 
 51.3   commissioner shall review the fee schedule annually in 
 51.4   consultation with the Minnesota Nursery and Landscape Advisory 
 51.5   Committee.  For the certificate year beginning January 1, 2004 
 51.6   2006, the fees are as described in this section. 
 51.7      Sec. 42.  Minnesota Statutes 2004, section 18H.07, 
 51.8   subdivision 2, is amended to read: 
 51.9      Subd. 2.  [NURSERY STOCK GROWER CERTIFICATE.] (a) A nursery 
 51.10  stock grower must pay an annual fee based on the area of all 
 51.11  acreage on which nursery stock is grown for certification as 
 51.12  follows: 
 51.13     (1) less than one-half acre, $150; 
 51.14     (2) from one-half acre to two acres, $200; 
 51.15     (3) over two acres up to five acres, $300; 
 51.16     (4) over five acres up to ten acres, $350; 
 51.17     (5) over ten acres up to 20 acres, $500; 
 51.18     (6) over 20 acres up to 40 acres, $650; 
 51.19     (7) over 40 acres up to 50 acres, $800; 
 51.20     (8) over 50 acres up to 200 acres, $1,100; 
 51.21     (9) over 200 acres up to 500 acres, $1,500; and 
 51.22     (10) over 500 acres, $1,500 plus $2 for each additional 
 51.23  acre. 
 51.24     (b) In addition to the fees in paragraph (a), a penalty of 
 51.25  ten percent of the fee due must be charged for each month, or 
 51.26  portion thereof, that the fee is delinquent up to a maximum of 
 51.27  30 percent for any application for renewal not received by 
 51.28  January 1 of the year following expiration of a certificate. 
 51.29     Sec. 43.  Minnesota Statutes 2004, section 18H.07, 
 51.30  subdivision 3, is amended to read: 
 51.31     Subd. 3.  [NURSERY STOCK DEALER CERTIFICATE.] (a) A nursery 
 51.32  stock dealer must pay an annual fee based on the dealer's gross 
 51.33  sales of certified nursery stock per location during the 
 51.34  preceding most recent certificate year.  A certificate applicant 
 51.35  operating for the first time must pay the minimum fee.  The fees 
 51.36  per sales location are: 
 52.1      (1) gross sales up to $20,000 $5,000, $150; 
 52.2      (2) gross sales over $20,000 $5,000 up to $100,000 $20,000, 
 52.3   $175; 
 52.4      (3) gross sales over $100,000 $20,000 up to 
 52.5   $250,000 $50,000, $300; 
 52.6      (4) gross sales over $250,000 $50,000 up to 
 52.7   $500,000 $75,000, $425; 
 52.8      (5) gross sales over $500,000 $75,000 up to 
 52.9   $1,000,000 $100,000, $550; 
 52.10     (6) gross sales over $1,000,000 $100,000 up to 
 52.11  $2,000,000 $200,000, $675; and 
 52.12     (7) gross sales over $2,000,000 $200,000, $800. 
 52.13     (b) In addition to the fees in paragraph (a), a penalty of 
 52.14  ten percent of the fee due must be charged for each month, or 
 52.15  portion thereof, that the fee is delinquent up to a maximum of 
 52.16  30 percent for any application for renewal not received by 
 52.17  January 1 of the year following expiration of a certificate. 
 52.18     Sec. 44.  Minnesota Statutes 2004, section 19.64, 
 52.19  subdivision 1, is amended to read: 
 52.20     Subdivision 1.  [REGISTRATION.] Every person who owns, 
 52.21  leases, or possesses colonies of bees or who intends to bring 
 52.22  bees into the state under an entry permit shall register the 
 52.23  bees with the commissioner on or before April 15 June 1 of each 
 52.24  year or within 15 days of entry into Minnesota or taking 
 52.25  possession of hives, whichever comes first.  The registration 
 52.26  application shall include the name and address of the applicant, 
 52.27  a description of the exact location of each of the applicant's 
 52.28  apiaries by county, township, range and quarter section, and 
 52.29  other information required by the commissioner.  The fee for 
 52.30  registration under this subdivision is $10 $25 for beekeepers 
 52.31  with less than 50 colonies and $50 for beekeepers with 50 
 52.32  colonies or more maintained in the state.  The commissioner 
 52.33  shall provide registered beekeepers with the Minnesota pest 
 52.34  report.  
 52.35     The registration required by this section is not 
 52.36  transferable.  At least one colony in each location must be 
 53.1   plainly and legibly marked with the owner's name and telephone 
 53.2   number and address, and other information required by the 
 53.3   commissioner.  The department shall provide information on 
 53.4   colony locations as reported on the registrations on an Internet 
 53.5   Web site or through other appropriate measures. 
 53.6      Sec. 45.  Minnesota Statutes 2004, section 25.341, 
 53.7   subdivision 2, is amended to read: 
 53.8      Subd. 2.  [APPLICATION; FEE; TERM.] A person who is 
 53.9   required to have a commercial feed license shall submit an 
 53.10  application on a form provided or approved by the commissioner 
 53.11  accompanied by a license fee of $25 paid to the commissioner for 
 53.12  each facility location.  A license is not transferable from one 
 53.13  person to another, from one ownership to another, or from one 
 53.14  location to another.  The license year is the calendar year.  A 
 53.15  license expires on December 31 of the year for which it is 
 53.16  issued, except that a license is valid through January 31 of the 
 53.17  next year or until the issuance of the renewal license, 
 53.18  whichever comes first, if the licensee has filed a renewal 
 53.19  application with the commissioner on or before December 31 of 
 53.20  the year for which the current license was issued.  A new 
 53.21  applicant who Any person who is required to have, but fails to 
 53.22  obtain a license within 15 working days of notification of the 
 53.23  requirement to obtain a license, or a licensee who fails to 
 53.24  comply with license renewal requirements, shall pay a $50 late 
 53.25  fee in addition to the license fee.  The commissioner may issue 
 53.26  a withdrawal from distribution order on any commercial feed that 
 53.27  an unlicensed person produces or distributes in the state until 
 53.28  a license is issued.  
 53.29     Sec. 46.  [25.342] [CERTIFICATES, FREE SALE.] 
 53.30     A nonrefundable application fee of $25 must accompany all 
 53.31  free sale certificate requests to facilitate the movement of 
 53.32  Minnesota processed and manufactured feeds destined for export 
 53.33  from the state.  Each label submitted for review must be 
 53.34  accompanied by a nonrefundable $50 application fee. 
 53.35     Sec. 47.  Minnesota Statutes 2004, section 25.39, 
 53.36  subdivision 1, is amended to read: 
 54.1      Subdivision 1.  [AMOUNT OF FEE.] (a) An inspection fee at 
 54.2   the rate of 16 cents per ton must be paid to the commissioner on 
 54.3   commercial feeds distributed in this state by the person who 
 54.4   first distributes the commercial feed, except that: 
 54.5      (1) no fee needs to need be paid on: 
 54.6      (1) (i) a commercial feed if the payment has been made by a 
 54.7   previous distributor; or 
 54.8      (2) (ii) customer formula feeds if the inspection fee is 
 54.9   paid on the commercial feeds which are used as ingredients; or 
 54.10     (3) commercial feeds used as ingredients for the 
 54.11  manufacture of commercial feeds if the fee has been paid by a 
 54.12  previous distributor.  If the fee has already been paid, credit 
 54.13  must be given for that payment. (2) a Minnesota feed distributor 
 54.14  who distributes can substantiate that greater than 50 percent of 
 54.15  the distribution of commercial feed is to purchasers outside the 
 54.16  state may purchase commercial feeds, without payment by any 
 54.17  person of the inspection fee required on those purchases, under 
 54.18  a tonnage fee exemption permit issued by the commissioner.  Such 
 54.19  location specific permits shall only be issued on a calendar 
 54.20  year basis to commercial feed distributors who submit a $100 
 54.21  nonrefundable application fee and comply with rules adopted by 
 54.22  the commissioner relative to record keeping, tonnage of 
 54.23  commercial feed distributed in Minnesota, total of all 
 54.24  commercial feed tonnage distributed, and all other information 
 54.25  which the commissioner may require so as to ensure that proper 
 54.26  inspection fee payment has been made.  
 54.27     (b) In the case of pet food distributed in the state only 
 54.28  in packages of ten pounds or less, a listing of each product and 
 54.29  a current label for each product must be submitted annually on 
 54.30  forms provided by the commissioner and accompanied by an annual 
 54.31  fee of $50 for each product in lieu of the inspection fee.  This 
 54.32  annual fee is due by July 1.  The inspection fee required by 
 54.33  paragraph (a) applies to pet food distributed in packages 
 54.34  exceeding ten pounds. 
 54.35     (c) In the case of specialty pet food distributed in the 
 54.36  state only in packages of ten pounds or less, a listing of each 
 55.1   product and a current label for each product must be submitted 
 55.2   annually on forms provided by the commissioner and accompanied 
 55.3   by an annual fee of $25 for each product in lieu of the 
 55.4   inspection fee.  This annual fee is due by July 1.  The 
 55.5   inspection fee required by paragraph (a) applies to specialty 
 55.6   pet food distributed in packages exceeding ten pounds.  
 55.7      (d) The minimum inspection fee is $10 per annual reporting 
 55.8   period. 
 55.9      Sec. 48.  Minnesota Statutes 2004, section 25.39, 
 55.10  subdivision 4, is amended to read: 
 55.11     Subd. 4.  [COMMERCIAL FEED INSPECTION ACCOUNT.] A 
 55.12  commercial feed inspection account is established in the 
 55.13  agricultural fund.  Fees and penalties collected under sections 
 55.14  25.35 to 25.43 this chapter and interest attributable to money 
 55.15  in the account must be deposited in the agricultural fund and 
 55.16  credited to the commercial feed inspection account.  Money in 
 55.17  the account, including interest earned, is appropriated to the 
 55.18  commissioner for the administration and enforcement of sections 
 55.19  25.341 to 25.43 this chapter. 
 55.20     Sec. 49.  Minnesota Statutes 2004, section 41A.09, 
 55.21  subdivision 2a, is amended to read: 
 55.22     Subd. 2a.  [DEFINITIONS.] For the purposes of this section, 
 55.23  the terms defined in this subdivision have the meanings given 
 55.24  them. 
 55.25     (a) "Ethanol" means fermentation ethyl alcohol derived from 
 55.26  agricultural products, including potatoes, cereal grains, cheese 
 55.27  whey, and sugar beets; forest products; or other renewable 
 55.28  resources, including residue and waste generated from the 
 55.29  production, processing, and marketing of agricultural products, 
 55.30  forest products, and other renewable resources, that: 
 55.31     (1) meets all of the specifications in ASTM specification 
 55.32  D4806-01; and 
 55.33     (2) is denatured as specified in Code of Federal 
 55.34  Regulations, title 27, parts 20 and 21. 
 55.35     (b) "Ethanol plant" means a plant at which ethanol is 
 55.36  produced. 
 56.1      (c) "Commissioner" means the commissioner of agriculture. 
 56.2      (d) "Rural economic infrastructure" means the development 
 56.3   activities that will enhance the value of agricultural crop or 
 56.4   livestock commodities or by-products or waste from farming 
 56.5   operations. 
 56.6      Sec. 50.  Minnesota Statutes 2004, section 41A.09, 
 56.7   subdivision 3a, is amended to read: 
 56.8      Subd. 3a.  [ETHANOL PRODUCER PAYMENTS.] (a) The 
 56.9   commissioner shall make cash payments to producers of ethanol 
 56.10  located in the state that have begun production at a specific 
 56.11  location by June 30, 2000.  For the purpose of this subdivision, 
 56.12  an entity that holds a controlling interest in more than one 
 56.13  ethanol plant is considered a single producer.  The amount of 
 56.14  the payment for each producer's annual production, except as 
 56.15  provided in paragraph (c), is 20 cents per gallon for each 
 56.16  gallon of ethanol produced at a specific location on or before 
 56.17  June 30, 2000, or ten years after the start of production, 
 56.18  whichever is later.  Annually, within 90 days of the end of its 
 56.19  fiscal year, an ethanol producer receiving payments under this 
 56.20  subdivision must file a disclosure statement on a form provided 
 56.21  by the commissioner.  The initial disclosure statement must 
 56.22  include a summary description of the organization of the 
 56.23  business structure of the claimant, a listing of the percentages 
 56.24  of ownership by any person or other entity with an ownership 
 56.25  interest of five percent or greater, and a copy of its annual 
 56.26  audited financial statements, including the auditor's report and 
 56.27  footnotes.  The disclosure statement must include information 
 56.28  demonstrating what percentage of the entity receiving payments 
 56.29  under this section is owned by farmers or other entities 
 56.30  eligible to farm or own agricultural land in Minnesota under the 
 56.31  provisions of section 500.24.  Subsequent annual reports must 
 56.32  reflect noncumulative changes in ownership of ten percent or 
 56.33  more of the entity.  The report need not disclose the identity 
 56.34  of the persons or entities eligible to farm or own agricultural 
 56.35  land with ownership interests, individuals residing within 30 
 56.36  miles of the plant, or of any other entity with less than ten 
 57.1   percent ownership interest, but the claimant must retain 
 57.2   information within its files confirming the accuracy of the data 
 57.3   provided.  This data must be made available to the commissioner 
 57.4   upon request.  Not later than the 15th day of February in each 
 57.5   year the commissioner shall deliver to the chairs of the 
 57.6   standing committees of the senate and the house of 
 57.7   representatives that deal with agricultural policy and 
 57.8   agricultural finance issues an annual report summarizing 
 57.9   aggregated data from plants receiving payments under this 
 57.10  section during the preceding calendar year.  Audited financial 
 57.11  statements and notes and disclosure statements submitted to the 
 57.12  commissioner are nonpublic data under section 13.02, subdivision 
 57.13  9.  Notwithstanding the provisions of chapter 13 relating to 
 57.14  nonpublic data, summaries of the submitted audited financial 
 57.15  reports and notes and disclosure statements will be contained in 
 57.16  the report to the committee chairs and will be public data.  
 57.17     (b) No payments shall be made for ethanol production that 
 57.18  occurs after June 30, 2010.  A producer of ethanol shall not 
 57.19  transfer the producer's eligibility for payments under this 
 57.20  section to an ethanol plant at a different location. 
 57.21     (c) If the level of production at an ethanol plant 
 57.22  increases due to an increase in the production capacity of the 
 57.23  plant, the payment under paragraph (a) applies to the additional 
 57.24  increment of production until ten years after the increased 
 57.25  production began.  Once a plant's production capacity reaches 
 57.26  15,000,000 gallons per year, no additional increment will 
 57.27  qualify for the payment. 
 57.28     (d) Total payments under paragraphs (a) and (c) to a 
 57.29  producer in a fiscal year may not exceed $3,000,000. 
 57.30     (e) By the last day of October, January, April, and July, 
 57.31  each producer shall file a claim for payment for ethanol 
 57.32  production during the preceding three calendar months.  A 
 57.33  producer that files a claim under this subdivision shall include 
 57.34  a statement of the producer's total ethanol production in 
 57.35  Minnesota during the quarter covered by the claim.  For each 
 57.36  claim and statement of total ethanol production filed under this 
 58.1   subdivision, the volume of ethanol production must be examined 
 58.2   by an independent certified public accountant in accordance with 
 58.3   standards established by the American Institute of Certified 
 58.4   Public Accountants. 
 58.5      (f) Payments shall be made November 15, February 15, May 
 58.6   15, and August 15.  A separate payment shall be made for each 
 58.7   claim filed.  Except as provided in paragraph (g), the total 
 58.8   quarterly payment to a producer under this paragraph may not 
 58.9   exceed $750,000.  
 58.10     (g) Notwithstanding the quarterly payment limits of 
 58.11  paragraph (f), the commissioner shall make an additional payment 
 58.12  in the fourth quarter of each fiscal year to ethanol producers 
 58.13  for the lesser of:  (1) 20 cents per gallon of production in the 
 58.14  fourth quarter of the year that is greater than 3,750,000 
 58.15  gallons; or (2) the total amount of payments lost during the 
 58.16  first three quarters of the fiscal year due to plant outages, 
 58.17  repair, or major maintenance.  Total payments to an ethanol 
 58.18  producer in a fiscal year, including any payment under this 
 58.19  paragraph, must not exceed the total amount the producer is 
 58.20  eligible to receive based on the producer's approved production 
 58.21  capacity.  The provisions of this paragraph apply only to 
 58.22  production losses that occur in quarters beginning after 
 58.23  December 31, 1999. 
 58.24     (h) The commissioner shall reimburse ethanol producers for 
 58.25  any deficiency in payments during earlier quarters if the 
 58.26  deficiency occurred because of unallotment or because 
 58.27  appropriated money was insufficient to make timely payments in 
 58.28  the full amount provided in paragraph (a).  Notwithstanding the 
 58.29  quarterly or annual payment limitations in this subdivision, the 
 58.30  commissioner shall begin making payments for earlier 
 58.31  deficiencies in each fiscal year that appropriations for ethanol 
 58.32  payments exceed the amount required to make eligible scheduled 
 58.33  payments.  Payments for earlier deficiencies must continue until 
 58.34  the deficiencies for each producer are paid in full. 
 58.35     (i) The commissioner may make direct payments to producers 
 58.36  of rural economic infrastructure with any amount of the annual 
 59.1   appropriation for ethanol producer payments and rural economic 
 59.2   infrastructure that is in excess of the amount required to make 
 59.3   scheduled ethanol producer payments and deficiency payments 
 59.4   under paragraphs (a) to (h). 
 59.5      Sec. 51.  Minnesota Statutes 2004, section 41A.09, is 
 59.6   amended by adding a subdivision to read: 
 59.7      Subd. 9.  [MOTOR VEHICLES; ETHANOL COMBUSTION EFFICIENCY 
 59.8   GRANTS.] From within the appropriation for each fiscal year to 
 59.9   the ethanol development program under this section, or from 
 59.10  other appropriated money, the commissioner shall make up to two 
 59.11  grants, each in an amount not exceeding $50,000, to qualified 
 59.12  applicants proposing to do research on, but not limited to, 
 59.13  ethanol's effect on fuel system materials compatibility and ways 
 59.14  to improve the energy efficiency of ethanol fuel blends in motor 
 59.15  vehicles while meeting all requirements for control of tailpipe 
 59.16  emissions.  A grant recipient may receive funding for no more 
 59.17  than two consecutive years.  A research project must be matched 
 59.18  by $2 of nonstate money for each $3 of state grant money. 
 59.19     Sec. 52.  Minnesota Statutes 2004, section 41A.09, is 
 59.20  amended by adding a subdivision to read: 
 59.21     Subd. 10.  [GUIDELINES.] The commissioner shall establish 
 59.22  guidelines not subject to chapter 14 for the submission and 
 59.23  review of applications and the awarding of grants under 
 59.24  subdivision 9. 
 59.25     Sec. 53.  Minnesota Statutes 2004, section 41B.046, 
 59.26  subdivision 5, is amended to read: 
 59.27     Subd. 5.  [LOANS.] (a) The authority may participate in a 
 59.28  stock loan with an eligible lender to a farmer who is eligible 
 59.29  under subdivision 4.  Participation is limited to 45 percent of 
 59.30  the principal amount of the loan or $40,000, whichever is less.  
 59.31  The interest rates and repayment terms of the authority's 
 59.32  participation interest may differ from the interest rates and 
 59.33  repayment terms of the lender's retained portion of the loan, 
 59.34  but the authority's interest rate must not exceed 50 percent of 
 59.35  the lender's interest rate. 
 59.36     (b) No more than 95 percent of the purchase price of the 
 60.1   stock may be financed under this program. 
 60.2      (c) Security for stock loans must be the stock purchased, a 
 60.3   personal note executed by the borrower, and whatever other 
 60.4   security is required by the eligible lender or the authority. 
 60.5      (d) The authority may impose a reasonable nonrefundable 
 60.6   application fee for each application for a stock loan.  The 
 60.7   authority may review the fee annually and make adjustments as 
 60.8   necessary.  The application fee is initially $50.  Application 
 60.9   fees received by the authority must be deposited in the 
 60.10  value-added agricultural product revolving fund. 
 60.11     (e) Stock loans under this program will be made using money 
 60.12  in the value-added agricultural product revolving fund loan 
 60.13  account established under subdivision 3 in section 41B.06. 
 60.14     (f) The authority may not grant stock loans in a cumulative 
 60.15  amount exceeding $2,000,000 for the financing of stock purchases 
 60.16  in any one cooperative. 
 60.17     (g) Repayments of financial assistance under this section, 
 60.18  including principal and interest, must be deposited into the 
 60.19  revolving loan account established in section 41B.06. 
 60.20     Sec. 54.  Minnesota Statutes 2004, section 41B.049, 
 60.21  subdivision 2, is amended to read: 
 60.22     Subd. 2.  [REVOLVING FUND DEPOSIT OF REPAYMENTS.] There is 
 60.23  established in the state treasury a revolving fund, which is 
 60.24  eligible to receive appropriations and the transfer of funds 
 60.25  from other services.  All repayments of financial assistance 
 60.26  granted under subdivision 1, including principal and interest, 
 60.27  must be deposited into this fund.  Interest earned on money in 
 60.28  the fund accrues to the fund, and money in the fund is 
 60.29  appropriated to the commissioner of agriculture for purposes of 
 60.30  the manure digester loan program, including costs incurred by 
 60.31  the authority to establish and administer the program the 
 60.32  revolving loan account established in section 41B.06. 
 60.33     Sec. 55.  [41B.055] [LIVESTOCK EQUIPMENT PILOT LOAN 
 60.34  PROGRAM.] 
 60.35     Subdivision 1.  [ESTABLISHMENT.] The authority must 
 60.36  establish and implement a livestock equipment pilot loan program 
 61.1   to help finance the first purchase of livestock-related 
 61.2   equipment and make livestock facilities improvements. 
 61.3      Subd. 2.  [ELIGIBILITY.] Notwithstanding section 41B.03, to 
 61.4   be eligible for this program a borrower must: 
 61.5      (1) be a resident of Minnesota or general partnership or a 
 61.6   family farm corporation, authorized farm corporation, family 
 61.7   farm partnership, or authorized farm partnership as defined in 
 61.8   section 500.24, subdivision 2; 
 61.9      (2) be the principal operator of a livestock farm; 
 61.10     (3) have a total net worth, including assets and 
 61.11  liabilities of the borrower's spouse and dependents, no greater 
 61.12  than the amount stipulated in section 41B.03, subdivision 3; 
 61.13     (4) demonstrate an ability to repay the loan; and 
 61.14     (5) hold an appropriate feedlot registration or be using 
 61.15  the loan under this program to meet registration requirements.  
 61.16  In addition to the requirements in clauses (1) to (5), 
 61.17  preference must be given to applicants who have farmed less than 
 61.18  ten years as evidenced by their filing of schedule F in their 
 61.19  federal tax returns. 
 61.20     Subd. 3.  [LOANS.] (a) The authority may participate in a 
 61.21  livestock equipment loan equal to 90 percent of the purchased 
 61.22  equipment value with an eligible lender to a farmer who is 
 61.23  eligible under subdivision 2.  Participation is limited to 45 
 61.24  percent of the principal amount of the loan or $40,000, 
 61.25  whichever is less.  The interest rates and repayment terms of 
 61.26  the authority's participation interest may differ from the 
 61.27  interest rates and repayment terms of the lender's retained 
 61.28  portion of the loan, but the authority's interest rate must not 
 61.29  exceed three percent.  The authority may review the interest 
 61.30  annually and make adjustments as necessary. 
 61.31     (b) Standards for loan amortization must be set by the 
 61.32  rural finance authority and must not exceed seven years. 
 61.33     (c) Security for a livestock equipment loan must be a 
 61.34  personal note executed by the borrower and whatever other 
 61.35  security is required by the eligible lender or the authority. 
 61.36     (d) Refinancing of existing debt is not an eligible purpose.
 62.1      (e) The authority may impose a reasonable, nonrefundable 
 62.2   application fee for a livestock equipment loan.  The authority 
 62.3   may review the fee annually and make adjustments as necessary.  
 62.4   The initial application fee is $50.  Application fees received 
 62.5   by the authority must be deposited in the revolving loan account 
 62.6   established in section 41B.06. 
 62.7      (f) Loans under this program must be made using money in 
 62.8   the revolving loan account established in section 41B.06. 
 62.9      Subd. 4.  [ELIGIBLE EXPENDITURES.] Money may be used for 
 62.10  loans for the acquisition of equipment for animal housing, 
 62.11  confinement, animal feeding, milk production, and waste 
 62.12  management, including the following, if related to animal 
 62.13  husbandry: 
 62.14     (1) fences; 
 62.15     (2) watering facilities; 
 62.16     (3) feed storage and handling equipment; 
 62.17     (4) milking parlors; 
 62.18     (5) milking equipment; 
 62.19     (6) scales; 
 62.20     (7) milk storage and cooling facilities; 
 62.21     (8) manure pumping and storage facilities; and 
 62.22     (9) capital investment in pasture.  
 62.23     Sec. 56.  [41B.06] [RURAL FINANCE AUTHORITY REVOLVING LOAN 
 62.24  ACCOUNT.] 
 62.25     There is established in the rural finance administration 
 62.26  fund a rural finance authority revolving loan account that is 
 62.27  eligible to receive appropriations and the transfer of loan 
 62.28  funds from other programs.  All repayments of financial 
 62.29  assistance granted from this account, including principal and 
 62.30  interest, must be deposited into this account.  Interest earned 
 62.31  on money in the account accrues to the account, and the money in 
 62.32  the account is appropriated to the commissioner of agriculture 
 62.33  for purposes of the rural finance authority livestock equipment, 
 62.34  methane digester, and value-added agricultural product loan 
 62.35  programs, including costs incurred by the authority to establish 
 62.36  and administer the programs. 
 63.1      Sec. 57.  Minnesota Statutes 2004, section 84.027, 
 63.2   subdivision 12, is amended to read: 
 63.3      Subd. 12.  [PROPERTY DISPOSAL; GIFT ACKNOWLEDGMENT; 
 63.4   ADVERTISING SALES.] (a) The commissioner may give away to 
 63.5   members of the public items with a value of less than $10 $50 
 63.6   that are intended to promote conservation of natural resources 
 63.7   or create awareness of the state and its resources or natural 
 63.8   resource management programs.  The total value of items given to 
 63.9   the public under this paragraph may not exceed $25,000 per year. 
 63.10     (b) The commissioner may recognize the contribution of 
 63.11  money or in-kind services on plaques, signs, publications, 
 63.12  audio-visual materials, and media advertisements by allowing the 
 63.13  organization's contribution to be acknowledged in print of 
 63.14  readable size. 
 63.15     (c) The commissioner may accept paid advertising for 
 63.16  departmental publications.  Advertising revenues received are 
 63.17  appropriated to the commissioner to be used to defray costs of 
 63.18  publications, media productions, or other informational 
 63.19  materials.  The commissioner may not accept paid advertising 
 63.20  from any elected official or candidate for elective office. 
 63.21     Sec. 58.  Minnesota Statutes 2004, section 84.027, 
 63.22  subdivision 13, is amended to read: 
 63.23     Subd. 13.  [GAME AND FISH RULES.] (a) The commissioner of 
 63.24  natural resources may adopt rules under sections 97A.0451 to 
 63.25  97A.0459 and this subdivision that are authorized under: 
 63.26     (1) chapters 97A, 97B, and 97C to set open seasons and 
 63.27  areas, to close seasons and areas, to select hunters for areas, 
 63.28  to provide for tagging and registration of game and fish, to 
 63.29  prohibit or allow taking of wild animals to protect a species, 
 63.30  to prevent or control wildlife disease, and to prohibit or allow 
 63.31  importation, transportation, or possession of a wild animal; 
 63.32     (2) sections 84.093, 84.15, and 84.152 to set seasons for 
 63.33  harvesting wild ginseng roots and wild rice and to restrict or 
 63.34  prohibit harvesting in designated areas; and 
 63.35     (3) section 84D.12 to designate prohibited invasive 
 63.36  species, regulated invasive species, unregulated nonnative 
 64.1   species, and infested waters. 
 64.2      (b) If conditions exist that do not allow the commissioner 
 64.3   to comply with sections 97A.0451 to 97A.0459, the commissioner 
 64.4   may adopt a rule under this subdivision by submitting the rule 
 64.5   to the attorney general for review under section 97A.0455, 
 64.6   publishing a notice in the State Register and filing the rule 
 64.7   with the secretary of state and the Legislative Coordinating 
 64.8   Commission, and complying with section 97A.0459, and including a 
 64.9   statement of the emergency conditions and a copy of the rule in 
 64.10  the notice.  The notice may be published after it is received 
 64.11  from the attorney general or five business days after it is 
 64.12  submitted to the attorney general, whichever is earlier. 
 64.13     (c) Rules adopted under paragraph (b) are effective upon 
 64.14  publishing in the State Register and may be effective up to 
 64.15  seven days before publishing and filing under paragraph (b), if: 
 64.16     (1) the commissioner of natural resources determines that 
 64.17  an emergency exists; 
 64.18     (2) the attorney general approves the rule; and 
 64.19     (3) for a rule that affects more than three counties the 
 64.20  commissioner publishes the rule once in a legal newspaper 
 64.21  published in Minneapolis, St. Paul, and Duluth, or for a rule 
 64.22  that affects three or fewer counties the commissioner publishes 
 64.23  the rule once in a legal newspaper in each of the affected 
 64.24  counties. 
 64.25     (d) Except as provided in paragraph (e), a rule published 
 64.26  under paragraph (c), clause (3), may not be effective earlier 
 64.27  than seven days after publication. 
 64.28     (e) A rule published under paragraph (c), clause (3), may 
 64.29  be effective the day the rule is published if the commissioner 
 64.30  gives notice and holds a public hearing on the rule within 15 
 64.31  days before publication. 
 64.32     (f) The commissioner shall attempt to notify persons or 
 64.33  groups of persons affected by rules adopted under paragraphs (b) 
 64.34  and (c) by public announcements, posting, and other appropriate 
 64.35  means as determined by the commissioner. 
 64.36     (g) Notwithstanding section 97A.0458, a rule adopted under 
 65.1   this subdivision is effective for the period stated in the 
 65.2   notice but not longer than 18 months after the rule is adopted. 
 65.3      Sec. 59.  Minnesota Statutes 2004, section 84.027, 
 65.4   subdivision 15, is amended to read: 
 65.5      Subd. 15.  [ELECTRONIC TRANSACTIONS.] (a) The commissioner 
 65.6   may receive an application for, sell, and issue any license, 
 65.7   stamp, permit, pass, sticker, duplicate safety training 
 65.8   certification, registration, or transfer under the jurisdiction 
 65.9   of the commissioner by electronic means, including by telephone. 
 65.10  Notwithstanding section 97A.472, electronic and telephone 
 65.11  transactions may be made outside of the state.  The commissioner 
 65.12  may: 
 65.13     (1) provide for the electronic transfer of funds generated 
 65.14  by electronic transactions, including by telephone; 
 65.15     (2) assign a license an identification number to an 
 65.16  applicant who purchases a hunting or fishing license or 
 65.17  recreational vehicle registration by electronic means, to serve 
 65.18  as temporary authorization to engage in the licensed activity 
 65.19  requiring a license or registration until the license or 
 65.20  registration is received or expires; 
 65.21     (3) charge and permit agents to charge a fee of individuals 
 65.22  who make electronic transactions and transactions by 
 65.23  telephone or Internet, including the issuing fee under section 
 65.24  97A.485, subdivision 6, fees and an additional transaction fee 
 65.25  not to exceed $3.50; 
 65.26     (4) collect issuing or filing fees as provided under 
 65.27  sections 84.788, subdivision 3, paragraph (e); 84.798, 
 65.28  subdivision 3, paragraph (b); 84.82, subdivision 2, paragraph 
 65.29  (d); 84.8205, subdivisions 5 and 6; 84.922, subdivision 2, 
 65.30  paragraph (e); 85.41, subdivision 5; 86B.415, subdivision 8; and 
 65.31  97A.485, subdivision 6, and collect establish, by written order, 
 65.32  an electronic licensing system commission on to be paid by 
 65.33  revenues generated from all sales of licenses as provided under 
 65.34  sections 85.43, paragraph (b), and 97A.485, subdivision 7 made 
 65.35  through the electronic licensing system.  The commissioner shall 
 65.36  establish the commission in a manner that neither significantly 
 66.1   overrecovers nor underrecovers costs involved in providing the 
 66.2   electronic licensing system; and 
 66.3      (5) adopt rules to administer the provisions of this 
 66.4   subdivision. 
 66.5      (b) Establishment of The transaction fee fees established 
 66.6   under paragraph (a), clause (3), and the commission established 
 66.7   under paragraph (a), clause (4), is are not subject to the 
 66.8   rulemaking procedures of chapter 14 and section 14.386 does not 
 66.9   apply. 
 66.10     (c) Money received from fees and commissions collected 
 66.11  under this subdivision, including interest earned, is annually 
 66.12  appropriated from the game and fish fund and the natural 
 66.13  resources fund to the commissioner for the cost of electronic 
 66.14  licensing. 
 66.15     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 66.16     Sec. 60.  Minnesota Statutes 2004, section 84.0911, 
 66.17  subdivision 2, is amended to read: 
 66.18     Subd. 2.  [RECEIPTS.] Money received from the sale of wild 
 66.19  rice licenses issued by the commissioner under section 84.091, 
 66.20  subdivision 3, paragraph (a), clauses (1), (3), and (4), and 
 66.21  subdivision 3, paragraph (b), except for the electronic 
 66.22  licensing system commission established by the commissioner 
 66.23  under section 84.027, subdivision 15, shall be credited to the 
 66.24  wild rice management account.  
 66.25     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2006. 
 66.26     Sec. 61.  Minnesota Statutes 2004, section 84.780, is 
 66.27  amended to read: 
 66.28     84.780 [OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.] 
 66.29     (a) The off-highway vehicle damage account is created in 
 66.30  the natural resources fund.  Money in the off-highway vehicle 
 66.31  damage account is appropriated to the commissioner of natural 
 66.32  resources for the repair or restoration of property damaged by 
 66.33  the operation of off-highway vehicles in an unpermitted area 
 66.34  after August 1, 2003, and for the costs of administration for 
 66.35  this section.  
 66.36     Before the commissioner may make a payment from this 
 67.1   account, the commissioner must determine whether the damage to 
 67.2   the property was caused by the unpermitted use of off-highway 
 67.3   vehicles, that the applicant has made reasonable efforts to 
 67.4   identify the responsible individual and obtain payment from the 
 67.5   individual, and that the applicant has made reasonable efforts 
 67.6   to prevent reoccurrence.  By June 30, 2005 2007, the 
 67.7   commissioner of finance must transfer the remaining balance in 
 67.8   the account to the off-highway motorcycle account under section 
 67.9   84.794, the off-road vehicle account under section 84.803, and 
 67.10  the all-terrain vehicle account under section 84.927.  The 
 67.11  amount transferred to each account must be proportionate to the 
 67.12  amounts received in the damage account from the relevant 
 67.13  off-highway vehicle accounts. 
 67.14     (b) Determinations of the commissioner under this section 
 67.15  may be made by written order and are exempt from the rulemaking 
 67.16  provisions of chapter 14.  Section 14.386 does not apply.  
 67.17     (c) This section expires July 1, 2005 2007. 
 67.18     Sec. 62.  [84.785] [OFF-HIGHWAY VEHICLE SAFETY AND 
 67.19  CONSERVATION GRANT PROGRAM.] 
 67.20     Subdivision 1.  [CREATION.] The commissioner of natural 
 67.21  resources shall establish an off-highway vehicle safety and 
 67.22  conservation grant program to make grants to organizations that 
 67.23  meet the eligibility requirements under subdivision 3. 
 67.24     Subd. 2.  [PURPOSE.] The purpose of the off-highway vehicle 
 67.25  safety and conservation grant program is to encourage 
 67.26  off-highway vehicle clubs to assist in safety training; 
 67.27  environmental education; and improving, maintaining, and 
 67.28  monitoring public trails.  This section does not grant law 
 67.29  enforcement authority. 
 67.30     Subd. 3.  [ELIGIBILITY.] To be eligible for a grant under 
 67.31  this section, an organization must: 
 67.32     (1) be a statewide, nonprofit organization that promotes 
 67.33  the operation of off-highway vehicles in a manner that is safe 
 67.34  and responsible; 
 67.35     (2) support the safe operation of off-highway vehicles in a 
 67.36  manner that does not conflict with the laws and rules that 
 68.1   relate to the operation of off-highway vehicles; 
 68.2      (3) have an interest in the safe, lawful, and responsible 
 68.3   operation of off-highway vehicles; 
 68.4      (4) be governed by a board of directors that has a majority 
 68.5   of members who are representatives of off-highway vehicle clubs; 
 68.6   and 
 68.7      (5) provide support to off-highway vehicle clubs. 
 68.8      Subd. 4.  [USE OF GRANT.] An organization receiving a grant 
 68.9   under this section shall use the grant money to promote and 
 68.10  provide support to the Department of Natural Resources by: 
 68.11     (1) training volunteers to assist in improving, 
 68.12  maintaining, and monitoring public trails and other public 
 68.13  lands; 
 68.14     (2) providing assistance to the department in locating, 
 68.15  recruiting, and training instructors; 
 68.16     (3) publishing a manual in cooperation with the 
 68.17  commissioner to be used to train volunteers in monitoring the 
 68.18  operation of off-highway vehicles for safety, environmental, and 
 68.19  other issues that relate to the responsible operation of 
 68.20  off-highway vehicles; 
 68.21     (4) collecting data on the operation of off-highway 
 68.22  vehicles in the state; and 
 68.23     (5) publishing an annual report outlining accomplishments 
 68.24  and annual costs related to the efforts under this subdivision.  
 68.25  The report must be approved by the commissioner. 
 68.26     Subd. 5.  [VOLUNTEER STATUS.] Volunteers of the nonprofit 
 68.27  organization and any volunteers under this section are not 
 68.28  volunteers for purposes of section 84.089. 
 68.29     Subd. 6.  [WORKER DISPLACEMENT PROHIBITED.] The 
 68.30  commissioner may not enter into any agreement that has the 
 68.31  purpose of or results in the displacement of public employees by 
 68.32  volunteers participating in the off-highway vehicle safety and 
 68.33  conservation grant program under this section.  The commissioner 
 68.34  must certify to the appropriate bargaining agent that the work 
 68.35  performed by a volunteer will not result in the displacement of 
 68.36  currently employed workers or workers on seasonal layoff or 
 69.1   layoff from a substantially equivalent position, including 
 69.2   partial displacement such as reduction in hours of nonovertime 
 69.3   work, wages, or other employment benefits. 
 69.4      Sec. 63.  Minnesota Statutes 2004, section 84.788, 
 69.5   subdivision 3, is amended to read: 
 69.6      Subd. 3.  [APPLICATION; ISSUANCE; REPORTS.] (a) Application 
 69.7   for registration or continued registration must be made to the 
 69.8   commissioner or an authorized deputy registrar of motor vehicles 
 69.9   in a form prescribed by the commissioner.  The form must state 
 69.10  the name and address of every owner of the off-highway 
 69.11  motorcycle. 
 69.12     (b) A person who purchases from a retail dealer an 
 69.13  off-highway motorcycle shall make application for registration 
 69.14  to the dealer at the point of sale.  The dealer shall issue a 
 69.15  dealer temporary ten-day registration permit to each purchaser 
 69.16  who applies to the dealer for registration.  The dealer shall 
 69.17  submit the completed registration applications and fees to the 
 69.18  deputy registrar at least once each week.  No fee may be charged 
 69.19  by a dealer to a purchaser for providing the temporary permit. 
 69.20     (c) Upon receipt of the application and the appropriate 
 69.21  fee, the commissioner or deputy registrar shall issue to the 
 69.22  applicant, or provide to the dealer, a 60-day temporary receipt 
 69.23  and shall assign a an assigned registration number that or a 
 69.24  commissioner or deputy registrar temporary ten-day permit.  Once 
 69.25  issued, the registration number must be affixed to the 
 69.26  motorcycle in a manner prescribed by the commissioner according 
 69.27  to paragraph (f).  A dealer subject to paragraph (b) shall 
 69.28  provide the registration materials and or temporary receipt 
 69.29  permit to the purchaser within the ten-day temporary permit 
 69.30  period. 
 69.31     (d) The commissioner shall develop a registration system to 
 69.32  register vehicles under this section.  A deputy registrar of 
 69.33  motor vehicles acting under section 168.33, is also a deputy 
 69.34  registrar of off-highway motorcycles.  The commissioner of 
 69.35  natural resources in agreement with the commissioner of public 
 69.36  safety may prescribe the accounting and procedural requirements 
 70.1   necessary to ensure efficient handling of registrations and 
 70.2   registration fees.  Deputy registrars shall strictly comply with 
 70.3   the accounting and procedural requirements.  
 70.4      (e) In addition to other fees prescribed by law, a filing 
 70.5   fee of $4.50 is charged for each off-highway motorcycle 
 70.6   registration renewal, duplicate or replacement registration 
 70.7   card, and replacement decal and a filing fee of $7 is charged 
 70.8   for each off-highway motorcycle registration and registration 
 70.9   transfer issued by: 
 70.10     (1) a deputy registrar and must be deposited in the 
 70.11  treasury of the jurisdiction where the deputy is appointed, or 
 70.12  kept if the deputy is not a public official; or 
 70.13     (2) the commissioner and must be deposited in the state 
 70.14  treasury and credited to the off-highway motorcycle account. 
 70.15     (f) Unless exempted under paragraph (g), the owner of an 
 70.16  off-highway motorcycle must display a registration decal issued 
 70.17  by the commissioner.  If the motorcycle is licensed as a motor 
 70.18  vehicle, a registration decal must be affixed on the upper left 
 70.19  corner of the rear license plate.  If the motorcycle is not 
 70.20  licensed as a motor vehicle, the decal must be attached on the 
 70.21  side of the motorcycle and may be attached to the fork tube.  
 70.22  The decal must be attached so that it is visible while a rider 
 70.23  is on the motorcycle.  The decals must not exceed three inches 
 70.24  high and three inches wide. 
 70.25     (g) Display of a registration decal is not required for an 
 70.26  off-highway motorcycle while being operated on private property 
 70.27  or while competing in a closed-course competition event. 
 70.28     Sec. 64.  Minnesota Statutes 2004, section 84.788, is 
 70.29  amended by adding a subdivision to read: 
 70.30     Subd. 11.  [REFUNDS.] The commissioner may issue a refund 
 70.31  on a registration, not including any issuing fees paid under 
 70.32  subdivision 3, paragraph (e), or section 84.027, subdivision 15, 
 70.33  paragraph (a), clause (3), if the refund request is received 
 70.34  within 12 months of the original registration and: 
 70.35     (1) the off-highway motorcycle was registered incorrectly 
 70.36  by the commissioner or the deputy registrar; or 
 71.1      (2) the off-highway motorcycle was registered twice, once 
 71.2   by the dealer and once by the customer. 
 71.3      Sec. 65.  Minnesota Statutes 2004, section 84.791, 
 71.4   subdivision 2, is amended to read: 
 71.5      Subd. 2.  [FEES.] For the purposes of administering the 
 71.6   program and to defray a portion of the expenses of training and 
 71.7   certifying vehicle operators, the commissioner shall collect a 
 71.8   fee not to exceed $5 from each person who receives the training. 
 71.9   The commissioner shall collect a fee for issuing a duplicate 
 71.10  off-highway motorcycle safety certificate.  The commissioner 
 71.11  shall establish the fee for a duplicate off-highway motorcycle 
 71.12  safety certificate, to include a $1 issuing fee for licensing 
 71.13  agents, that neither significantly overrecovers nor 
 71.14  underrecovers costs, including overhead costs, involved in 
 71.15  providing the service.  The fees must, except for the issuing 
 71.16  fee for licensing agents under this subdivision, shall be 
 71.17  deposited in the state treasury and credited to the off-highway 
 71.18  motorcycle account in the natural resources fund. 
 71.19     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005. 
 71.20     Sec. 66.  Minnesota Statutes 2004, section 84.798, is 
 71.21  amended by adding a subdivision to read: 
 71.22     Subd. 10.  [REFUNDS.] The commissioner may issue a refund 
 71.23  on a registration, not including any issuing fees paid under 
 71.24  subdivision 3, paragraph (b), or section 84.027, subdivision 15, 
 71.25  paragraph (a), clause (3), if the refund request is received 
 71.26  within 12 months of the original registration and the vehicle 
 71.27  was registered incorrectly by the commissioner or the deputy 
 71.28  registrar.  
 71.29     Sec. 67.  Minnesota Statutes 2004, section 84.82, 
 71.30  subdivision 2, is amended to read: 
 71.31     Subd. 2.  [APPLICATION, ISSUANCE, REPORTS, ADDITIONAL FEE.] 
 71.32  (a) Application for registration or reregistration shall be made 
 71.33  to the commissioner or an authorized deputy registrar of motor 
 71.34  vehicles in a format prescribed by the commissioner and shall 
 71.35  state the legal name and address of every owner of the 
 71.36  snowmobile.  
 72.1      (b) A person who purchases a snowmobile from a retail 
 72.2   dealer shall make application for registration to the dealer at 
 72.3   the point of sale.  The dealer shall issue a dealer temporary 
 72.4   ten-day registration permit to each purchaser who applies to the 
 72.5   dealer for registration.  The temporary registration is valid 
 72.6   for 60 days from the date of issue.  Each retail dealer shall 
 72.7   submit completed registration and fees to the deputy registrar 
 72.8   at least once a week.  No fee may be charged by a dealer to a 
 72.9   purchaser for providing the temporary permit. 
 72.10     (c) Upon receipt of the application and the appropriate fee 
 72.11  as hereinafter provided, such snowmobile shall be registered and 
 72.12  a the commissioner or deputy registrar shall issue to the 
 72.13  applicant, or provide to the dealer, an assigned registration 
 72.14  number assigned which shall or a commissioner or deputy 
 72.15  registrar temporary ten-day permit.  Once issued, the 
 72.16  registration number must be affixed to the snowmobile in a 
 72.17  clearly visible and permanent manner for enforcement purposes as 
 72.18  the commissioner of natural resources shall prescribe.  A dealer 
 72.19  subject to paragraph (b) shall provide the registration 
 72.20  materials or temporary permit to the purchaser within the 
 72.21  temporary ten-day permit period.  The registration is not valid 
 72.22  unless signed by at least one owner. 
 72.23     (c) (d) Each deputy registrar of motor vehicles acting 
 72.24  pursuant to section 168.33, shall also be a deputy registrar of 
 72.25  snowmobiles.  The commissioner of natural resources in agreement 
 72.26  with the commissioner of public safety may prescribe the 
 72.27  accounting and procedural requirements necessary to assure 
 72.28  efficient handling of registrations and registration fees.  
 72.29  Deputy registrars shall strictly comply with these accounting 
 72.30  and procedural requirements.  
 72.31     (d) (e) A fee of $2 in addition to that otherwise 
 72.32  prescribed by law shall be charged for: 
 72.33     (1) each snowmobile registered by the registrar or a deputy 
 72.34  registrar and the additional fee shall be disposed of in the 
 72.35  manner provided in section 168.33, subdivision 2; or 
 72.36     (2) each snowmobile registered by the commissioner and the 
 73.1   additional fee shall be deposited in the state treasury and 
 73.2   credited to the snowmobile trails and enforcement account in the 
 73.3   natural resources fund.  
 73.4      Sec. 68.  Minnesota Statutes 2004, section 84.82, is 
 73.5   amended by adding a subdivision to read: 
 73.6      Subd. 11.  [REFUNDS.] The commissioner may issue a refund 
 73.7   on a registration, not including any issuing fees paid under 
 73.8   subdivision 2, paragraph (e), or section 84.027, subdivision 15, 
 73.9   paragraph (a), clause (3), if the refund request is received 
 73.10  within 12 months of the original registration and: 
 73.11     (1) the snowmobile was registered incorrectly by the 
 73.12  commissioner or the deputy registrar; or 
 73.13     (2) the snowmobile was registered twice, once by the dealer 
 73.14  and once by the customer. 
 73.15     Sec. 69.  Minnesota Statutes 2004, section 84.8205, 
 73.16  subdivision 1, is amended to read: 
 73.17     Subdivision 1.  [STICKER REQUIRED; FEE.] A person may not 
 73.18  operate a snowmobile that is not registered in this state on a 
 73.19  state or grant-in-aid snowmobile trail unless a snowmobile state 
 73.20  trail sticker is affixed to the snowmobile.  The commissioner of 
 73.21  natural resources shall issue a sticker upon application and 
 73.22  payment of a $15 fee.  The fee for a three-year snowmobile state 
 73.23  trail sticker that is purchased at the time of snowmobile 
 73.24  registration is $30.  In addition to other penalties prescribed 
 73.25  by law, a person in violation of this subdivision must purchase 
 73.26  an annual state trail sticker for a fee of $30.  The sticker is 
 73.27  valid from November 1 through April 30.  Fees collected under 
 73.28  this section, except for the issuing fee for licensing agents 
 73.29  under this section and for the electronic licensing system 
 73.30  commission established by the commissioner under section 84.027, 
 73.31  subdivision 15, shall be deposited in the state treasury and 
 73.32  credited to the snowmobile trails and enforcement account in the 
 73.33  natural resources fund and must be used for grants-in-aid or 
 73.34  acquisition of easements for permanent recreational snowmobile 
 73.35  trails. 
 73.36     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 74.1      Sec. 70.  Minnesota Statutes 2004, section 84.8205, 
 74.2   subdivision 3, is amended to read: 
 74.3      Subd. 3.  [LICENSE AGENTS.] County auditors are appointed 
 74.4   agents of the commissioner for the sale of snowmobile state 
 74.5   trail stickers.  The commissioner may appoint other state 
 74.6   agencies as agents for the sale of the to issue and sell state 
 74.7   trail stickers.  A county auditor may appoint subagents within 
 74.8   the county or within adjacent counties to sell stickers.  Upon 
 74.9   appointment of a subagent, the auditor shall notify the 
 74.10  commissioner of the name and address of the subagent.  The 
 74.11  auditor may revoke the appointment of a subagent, and The 
 74.12  commissioner may revoke the appointment of a state agency an 
 74.13  agent at any time.  The commissioner may require an auditor to 
 74.14  revoke a subagent's appointment.  The auditor shall furnish 
 74.15  stickers on consignment to any subagent who furnishes a surety 
 74.16  bond in favor of the county in an amount at least equal to the 
 74.17  value of the stickers to be consigned to that subagent.  A 
 74.18  surety bond is not required for a state agency appointed by the 
 74.19  commissioner.  The county auditor shall be responsible for all 
 74.20  stickers issued to and user fees received by agents except in a 
 74.21  county where the county auditor does not retain fees paid for 
 74.22  license purposes.  In these counties, the responsibilities 
 74.23  imposed by this section upon the county auditor are imposed upon 
 74.24  the county.  The commissioner may promulgate adopt additional 
 74.25  rules governing the accounting and procedures for handling state 
 74.26  trail stickers as provided in section 97A.485, subdivision 11. 
 74.27     Any resident desiring to sell snowmobile state trail 
 74.28  stickers may either purchase for cash or obtain on consignment 
 74.29  stickers from a county auditor in groups of not less than ten 
 74.30  individual stickers.  In selling stickers, the resident shall be 
 74.31  deemed a subagent of the county auditor and the commissioner, 
 74.32  and An agent shall observe all rules promulgated adopted by the 
 74.33  commissioner for accounting and handling of licenses and 
 74.34  stickers pursuant to section 97A.485, subdivision 11. 
 74.35     The county auditor An agent shall promptly deposit and 
 74.36  remit all money received from the sale of the stickers with the 
 75.1   county treasurer and shall promptly transmit any reports 
 75.2   required by the commissioner, plus 96 percent of the price paid 
 75.3   by each stickerholder, exclusive of the issuing fee, for each 
 75.4   sticker sold or consigned by the auditor and subsequently sold 
 75.5   to a stickerholder during the accounting period.  The county 
 75.6   auditor shall retain as a commission four percent of all sticker 
 75.7   fees, excluding the issuing fee for stickers consigned to 
 75.8   subagents and the issuing fee on stickers sold by the auditor to 
 75.9   stickerholders to the commissioner. 
 75.10     Unsold stickers in the hands of any subagent shall be 
 75.11  redeemed by the commissioner if presented for redemption within 
 75.12  the time prescribed by the commissioner.  Any stickers not 
 75.13  presented for redemption within the period prescribed shall be 
 75.14  conclusively presumed to have been sold, and the subagent 
 75.15  possessing the same or to whom they are charged shall be 
 75.16  accountable. 
 75.17     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 75.18     Sec. 71.  Minnesota Statutes 2004, section 84.8205, 
 75.19  subdivision 4, is amended to read: 
 75.20     Subd. 4.  [DISTRIBUTION ISSUANCE OF STICKERS.] The 
 75.21  commissioner and agents shall provide issue and sell snowmobile 
 75.22  state trail stickers to all agents authorized to issue stickers 
 75.23  by the commissioner. 
 75.24     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 75.25     Sec. 72.  Minnesota Statutes 2004, section 84.8205, 
 75.26  subdivision 6, is amended to read: 
 75.27     Subd. 6.  [DUPLICATE STATE TRAIL STICKERS.] The 
 75.28  commissioner and agents shall issue a duplicate sticker to 
 75.29  persons whose sticker is lost or destroyed using the process 
 75.30  established under section 97A.405, subdivision 3, and rules 
 75.31  promulgated thereunder.  The fee for a duplicate state trail 
 75.32  sticker is $2, with an issuing fee of 50 cents. 
 75.33     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 75.34     Sec. 73.  Minnesota Statutes 2004, section 84.83, 
 75.35  subdivision 3, is amended to read: 
 75.36     Subd. 3.  [PURPOSES FOR THE ACCOUNT.] The money deposited 
 76.1   in the account and interest earned on that money may be expended 
 76.2   only as appropriated by law for the following purposes:  
 76.3      (1) for a grant-in-aid program to counties and 
 76.4   municipalities for construction and maintenance of snowmobile 
 76.5   trails, including maintenance of trails on lands and waters of 
 76.6   Voyageurs National Park, on Lake of the Woods, on Rainy Lake, 
 76.7   and on the following lakes in St. Louis County:  Burntside, 
 76.8   Crane, Little Long, Mud, Pelican, Shagawa, and Vermilion; 
 76.9      (2) for acquisition, development, and maintenance of state 
 76.10  recreational snowmobile trails; 
 76.11     (3) for snowmobile safety programs; and 
 76.12     (4) for the administration and enforcement of sections 
 76.13  84.81 to 84.91 and appropriated grants to local law enforcement 
 76.14  agencies.  
 76.15     Sec. 74.  Minnesota Statutes 2004, section 84.83, 
 76.16  subdivision 4, is amended to read: 
 76.17     Subd. 4.  [PROVISIONS APPLICABLE TO FUNDING RECIPIENTS.] 
 76.18  (a) Recipients of Minnesota trail assistance program funds must 
 76.19  be afforded the same protection and be held to the same standard 
 76.20  of liability as a political subdivision under chapter 466 for 
 76.21  activities associated with the administration, design, 
 76.22  construction, maintenance, and grooming of snowmobile trails.  
 76.23     (b) Recipients of Minnesota trail assistance program funds 
 76.24  who maintain ice trails on public waters listed under 
 76.25  subdivision 3, clause (1), or on waters of Voyageurs National 
 76.26  Park are expressly immune from liability under section 466.03, 
 76.27  subdivision 6e. 
 76.28     Sec. 75.  Minnesota Statutes 2004, section 84.86, 
 76.29  subdivision 1, is amended to read: 
 76.30     Subdivision 1.  [REQUIRED RULES.] With a view of achieving 
 76.31  maximum use of snowmobiles consistent with protection of the 
 76.32  environment the commissioner of natural resources shall adopt 
 76.33  rules in the manner provided by chapter 14, for the following 
 76.34  purposes: 
 76.35     (1) Registration of snowmobiles and display of registration 
 76.36  numbers. 
 77.1      (2) Use of snowmobiles insofar as game and fish resources 
 77.2   are affected. 
 77.3      (3) Use of snowmobiles on public lands and waters, or on 
 77.4   grant-in-aid trails. 
 77.5      (4) Uniform signs to be used by the state, counties, and 
 77.6   cities, which are necessary or desirable to control, direct, or 
 77.7   regulate the operation and use of snowmobiles. 
 77.8      (5) Specifications relating to snowmobile mufflers. 
 77.9      (6) A comprehensive snowmobile information and safety 
 77.10  education and training program, including but not limited to the 
 77.11  preparation and dissemination of snowmobile information and 
 77.12  safety advice to the public, the training of snowmobile 
 77.13  operators, and the issuance of snowmobile safety certificates to 
 77.14  snowmobile operators who successfully complete the snowmobile 
 77.15  safety education and training course.  For the purpose of 
 77.16  administering such program and to defray expenses of training 
 77.17  and certifying snowmobile operators, the commissioner shall 
 77.18  collect a fee from each person who receives the youth or adult 
 77.19  training.  The commissioner shall collect a fee, to include a $1 
 77.20  issuing fee for licensing agents, for issuing a duplicate 
 77.21  snowmobile safety certificate.  The commissioner shall establish 
 77.22  both fees in a manner that neither significantly overrecovers 
 77.23  nor underrecovers costs, including overhead costs, involved in 
 77.24  providing the services.  The fees are not subject to the 
 77.25  rulemaking provisions of chapter 14 and section 14.386 does not 
 77.26  apply.  The fees may be established by the commissioner 
 77.27  notwithstanding section 16A.1283.  The fees must, except for the 
 77.28  issuing fee for licensing agents under this subdivision, shall 
 77.29  be deposited in the snowmobile trails and enforcement account in 
 77.30  the natural resources fund and the amount thereof, except for 
 77.31  the electronic licensing system commission established by the 
 77.32  commissioner under section 84.027, subdivision 15, and issuing 
 77.33  fees collected by the commissioner, is appropriated annually to 
 77.34  the Enforcement Division of the Department of Natural Resources 
 77.35  for the administration of such programs.  In addition to the fee 
 77.36  established by the commissioner, instructors may charge each 
 78.1   person up to the established fee amount for class materials and 
 78.2   expenses.  The commissioner shall cooperate with private 
 78.3   organizations and associations, private and public corporations, 
 78.4   and local governmental units in furtherance of the program 
 78.5   established under this clause.  School districts may cooperate 
 78.6   with the commissioner and volunteer instructors to provide space 
 78.7   for the classroom portion of the training.  The commissioner 
 78.8   shall consult with the commissioner of public safety in regard 
 78.9   to training program subject matter and performance testing that 
 78.10  leads to the certification of snowmobile operators. 
 78.11     (7) The operator of any snowmobile involved in an accident 
 78.12  resulting in injury requiring medical attention or 
 78.13  hospitalization to or death of any person or total damage to an 
 78.14  extent of $500 or more, shall forward a written report of the 
 78.15  accident to the commissioner on such form as the commissioner 
 78.16  shall prescribe.  If the operator is killed or is unable to file 
 78.17  a report due to incapacitation, any peace officer investigating 
 78.18  the accident shall file the accident report within ten business 
 78.19  days. 
 78.20     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 78.21     Sec. 76.  Minnesota Statutes 2004, section 84.922, 
 78.22  subdivision 2, is amended to read: 
 78.23     Subd. 2.  [APPLICATION, ISSUANCE, REPORTS.] (a) Application 
 78.24  for registration or continued registration shall be made to the 
 78.25  commissioner of natural resources, the commissioner of public 
 78.26  safety or an authorized deputy registrar of motor vehicles in a 
 78.27  form prescribed by the commissioner.  The form must state the 
 78.28  name and address of every owner of the vehicle.  
 78.29     (b) A person who purchases an all-terrain vehicle from a 
 78.30  retail dealer shall make application for registration to the 
 78.31  dealer at the point of sale.  The dealer shall issue a dealer 
 78.32  temporary ten-day registration permit to each purchaser who 
 78.33  applies to the dealer for registration.  The dealer shall submit 
 78.34  the completed registration application and fees to the deputy 
 78.35  registrar at least once each week.  No fee may be charged by a 
 78.36  dealer to a purchaser for providing the temporary permit. 
 79.1      (c) Upon receipt of the application and the appropriate 
 79.2   fee, the commissioner or deputy registrar shall issue to the 
 79.3   applicant, or provide to the dealer, a 60-day temporary receipt 
 79.4   and shall assign a an assigned registration number that or a 
 79.5   commissioner or deputy registrar temporary ten-day permit.  Once 
 79.6   issued, the registration number must be affixed to the vehicle 
 79.7   in a manner prescribed by the commissioner.  A dealer subject to 
 79.8   paragraph (b) shall provide the registration materials and or 
 79.9   temporary receipt permit to the purchaser within the ten-day 
 79.10  temporary permit period.  The commissioner shall use the 
 79.11  snowmobile registration system to register vehicles under this 
 79.12  section.  
 79.13     (d) Each deputy registrar of motor vehicles acting under 
 79.14  section 168.33, is also a deputy registrar of all-terrain 
 79.15  vehicles.  The commissioner of natural resources in agreement 
 79.16  with the commissioner of public safety may prescribe the 
 79.17  accounting and procedural requirements necessary to assure 
 79.18  efficient handling of registrations and registration fees. 
 79.19  Deputy registrars shall strictly comply with the accounting and 
 79.20  procedural requirements.  
 79.21     (e) In addition to other fees prescribed by law, a filing 
 79.22  fee of $4.50 is charged for each all-terrain vehicle 
 79.23  registration renewal, duplicate or replacement registration 
 79.24  card, and replacement decal and a filing fee of $7 is charged 
 79.25  for each all-terrain vehicle registration and registration 
 79.26  transfer issued by: 
 79.27     (1) a deputy registrar and shall be deposited in the 
 79.28  treasury of the jurisdiction where the deputy is appointed, or 
 79.29  retained if the deputy is not a public official; or 
 79.30     (2) the commissioner and shall be deposited to the state 
 79.31  treasury and credited to the all-terrain vehicle account in the 
 79.32  natural resources fund. 
 79.33     Sec. 77.  Minnesota Statutes 2004, section 84.922, is 
 79.34  amended by adding a subdivision to read: 
 79.35     Subd. 12.  [REFUNDS.] The commissioner may issue a refund 
 79.36  on a registration, not including any issuing fees paid under 
 80.1   subdivision 2, paragraph (e), or section 84.027, subdivision 15, 
 80.2   paragraph (a), clause (3), if the refund request is received 
 80.3   within 12 months of the original registration and: 
 80.4      (1) the vehicle was registered incorrectly by the 
 80.5   commissioner or the deputy registrar; or 
 80.6      (2) the vehicle was registered twice, once by the dealer 
 80.7   and once by the customer. 
 80.8      Sec. 78.  Minnesota Statutes 2004, section 84.925, 
 80.9   subdivision 1, is amended to read: 
 80.10     Subdivision 1.  [PROGRAM ESTABLISHED.] (a) The commissioner 
 80.11  shall establish a comprehensive all-terrain vehicle 
 80.12  environmental and safety education and training program, 
 80.13  including the preparation and dissemination of vehicle 
 80.14  information and safety advice to the public, the training of 
 80.15  all-terrain vehicle operators, and the issuance of all-terrain 
 80.16  vehicle safety certificates to vehicle operators over the age of 
 80.17  12 years who successfully complete the all-terrain vehicle 
 80.18  environmental and safety education and training course.  
 80.19     (b) For the purpose of administering the program and to 
 80.20  defray a portion of the expenses of training and certifying 
 80.21  vehicle operators, the commissioner shall collect a fee of $15 
 80.22  from each person who receives the training.  The commissioner 
 80.23  shall collect a fee, to include a $1 issuing fee for licensing 
 80.24  agents, for issuing a duplicate all-terrain vehicle safety 
 80.25  certificate.  The commissioner shall establish the fee for a 
 80.26  duplicate all-terrain vehicle safety certificate that neither 
 80.27  significantly overrecovers nor underrecovers costs, including 
 80.28  overhead costs, involved in providing the service.  Fee 
 80.29  proceeds, except for the issuing fee for licensing agents under 
 80.30  this subdivision, shall be deposited in the all-terrain vehicle 
 80.31  account in the natural resources fund. 
 80.32     (c) The commissioner shall cooperate with private 
 80.33  organizations and associations, private and public corporations, 
 80.34  and local governmental units in furtherance of the program 
 80.35  established under this section.  School districts may cooperate 
 80.36  with the commissioner and volunteer instructors to provide space 
 81.1   for the classroom portion of the training.  The commissioner 
 81.2   shall consult with the commissioner of public safety in regard 
 81.3   to training program subject matter and performance testing that 
 81.4   leads to the certification of vehicle operators.  By June 30, 
 81.5   2003, the commissioner shall incorporate a riding component in 
 81.6   the safety education and training program. 
 81.7      <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 81.8      Sec. 79.  Minnesota Statutes 2004, section 84D.03, 
 81.9   subdivision 4, is amended to read: 
 81.10     Subd. 4.  [COMMERCIAL FISHING AND TURTLE, FROG, AND 
 81.11  CRAYFISH HARVESTING RESTRICTIONS IN INFESTED AND NONINFESTED 
 81.12  WATERS.] (a) All nets, traps, buoys, anchors, stakes, and lines 
 81.13  used for commercial fishing or turtle, frog, or crayfish 
 81.14  harvesting in an infested waters, water that is designated 
 81.15  because the waters contain it contains invasive fish or 
 81.16  invertebrates, may not be used in noninfested any other waters.  
 81.17  If a commercial licensee operates in both noninfested waters and 
 81.18  an infested waters water designated because the waters contain 
 81.19  it contains invasive fish or invertebrates and other waters, all 
 81.20  nets, traps, buoys, anchors, stakes, and lines used for 
 81.21  commercial fishing or turtle, frog, or crayfish harvesting in 
 81.22  noninfested waters not designated as infested with invasive fish 
 81.23  or invertebrates must be tagged with tags provided by the 
 81.24  commissioner, as specified in the commercial licensee's license 
 81.25  or permit, and may not be used in infested waters designated 
 81.26  because the waters contain invasive fish or invertebrates. 
 81.27     (b) In infested waters designated solely because the waters 
 81.28  contain Eurasian water milfoil, All nets, traps, buoys, anchors, 
 81.29  stakes, and lines used for commercial fishing or turtle, frog, 
 81.30  or crayfish harvesting in an infested water that is designated 
 81.31  solely because it contains Eurasian water milfoil must be dried 
 81.32  for a minimum of ten days or frozen for a minimum of two days 
 81.33  before they are used in noninfested any other waters, except as 
 81.34  provided in this paragraph.  Commercial operators licensees must 
 81.35  notify the department's regional or area fisheries office or a 
 81.36  conservation officer when before removing nets or equipment from 
 82.1   an infested waters water designated solely because it contains 
 82.2   Eurasian water milfoil and before resetting those nets or 
 82.3   equipment in noninfested any other waters.  All aquatic 
 82.4   macrophytes Upon notification, the commissioner may authorize a 
 82.5   commercial licensee to move nets or equipment to another water 
 82.6   without freezing or drying, if that water is designated as 
 82.7   infested solely because it contains Eurasian water milfoil.  
 82.8      (c) A commercial licensee must be removed remove all 
 82.9   aquatic macrophytes from nets and other equipment when the nets 
 82.10  and equipment are removed from infested waters of the state. 
 82.11     (d) The commissioner shall provide a commercial licensee 
 82.12  with a current listing of designated infested waters at the time 
 82.13  that a license or permit is issued. 
 82.14     Sec. 80.  Minnesota Statutes 2004, section 85.054, 
 82.15  subdivision 1, is amended to read: 
 82.16     Subdivision 1.  [STATE PARK OPEN HOUSE DAY.] (a) A state 
 82.17  park permit is not required for a motor vehicle to enter a state 
 82.18  park, state monument, state recreation area, or state wayside, 
 82.19  on one day each calendar year at each park, which the 
 82.20  commissioner may designate as State Park Open House Day.  The 
 82.21  commissioner may designate two consecutive days as State Park 
 82.22  Open House Day, if the open house is held in conjunction with a 
 82.23  special pageant described in section 85.052, subdivision 2.  
 82.24     (b) The commissioner shall announce the date of each state 
 82.25  park open house day at least 30 days in advance of the date it 
 82.26  occurs. 
 82.27     (c)  The state park open house day is to acquaint the 
 82.28  public with state parks, recreation areas, and waysides. 
 82.29     Sec. 81.  Minnesota Statutes 2004, section 85.054, is 
 82.30  amended by adding a subdivision to read: 
 82.31     Subd. 11.  [BIG BOG STATE RECREATION AREA.] A state park 
 82.32  permit is not required and a fee may not be charged for motor 
 82.33  vehicle entry or parking at the parking area located north of 
 82.34  Tamarac River in the southern unit of Big Bog State Recreation 
 82.35  Area, Beltrami County. 
 82.36     Sec. 82.  Minnesota Statutes 2004, section 85.055, is 
 83.1   amended by adding a subdivision to read: 
 83.2      Subd. 1b.  [DISCOUNTS.] Except as otherwise specified in 
 83.3   law, and notwithstanding section 16A.1285, subdivision 2, the 
 83.4   commissioner may by written order authorize waiver or reduction 
 83.5   of state park entrance fees. 
 83.6      Sec. 83.  Minnesota Statutes 2004, section 85.055, 
 83.7   subdivision 2, is amended to read: 
 83.8      Subd. 2.  [FEE DEPOSIT AND APPROPRIATION.] The fees 
 83.9   collected under this section shall be deposited in the natural 
 83.10  resources fund and credited to a the state parks account.  Money 
 83.11  in the account, except for the electronic licensing system 
 83.12  commission established by the commissioner under section 84.027, 
 83.13  subdivision 15, is annually appropriated to the commissioner to 
 83.14  operate and maintain the state park system. 
 83.15     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 83.16     Sec. 84.  Minnesota Statutes 2004, section 85.43, is 
 83.17  amended to read: 
 83.18     85.43 [DISPOSITION OF RECEIPTS; PURPOSE.] 
 83.19     (a) Fees from cross-country ski passes shall be deposited 
 83.20  in the state treasury and credited to a cross-country ski 
 83.21  account in the natural resources fund and, except as provided in 
 83.22  paragraph (b) for the electronic licensing system commission 
 83.23  established by the commissioner under section 84.027, 
 83.24  subdivision 15, are appropriated to the commissioner of natural 
 83.25  resources for: 
 83.26     (1) grants-in-aid for cross-country ski trails sponsored by 
 83.27  local units of government and special park districts as provided 
 83.28  in section 85.44; and 
 83.29     (2) maintenance, winter grooming, and associated 
 83.30  administrative costs for cross-country ski trails under the 
 83.31  jurisdiction of the commissioner. 
 83.32     (b) The commissioner shall retain for the operation of the 
 83.33  electronic licensing system a commission of 4.7 percent of all 
 83.34  cross-country ski pass fees collected. 
 83.35     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 83.36     Sec. 85.  Minnesota Statutes 2004, section 86B.415, is 
 84.1   amended by adding a subdivision to read: 
 84.2      Subd. 11.  [REFUNDS.] The commissioner may issue a refund 
 84.3   on a license or title, not including any issuing fees paid under 
 84.4   subdivision 8 or section 84.027, subdivision 15, paragraph (a), 
 84.5   clause (3), or 86B.870, subdivision 1, paragraph (b), if the 
 84.6   refund request is received within 12 months of the original 
 84.7   license or title and: 
 84.8      (1) the watercraft was licensed or titled incorrectly by 
 84.9   the commissioner or the deputy registrar; 
 84.10     (2) the customer was incorrectly charged a title fee; or 
 84.11     (3) the watercraft was licensed or titled twice, once by 
 84.12  the dealer and once by the customer. 
 84.13     Sec. 86.  [86B.706] [WATER RECREATION ACCOUNT; RECEIPTS AND 
 84.14  PURPOSE.] 
 84.15     Subdivision 1.  [CREATION.] The water recreation account is 
 84.16  created in the state treasury in the natural resources fund. 
 84.17     Subd. 2.  [MONEY DEPOSITED IN ACCOUNT.] The following shall 
 84.18  be deposited in the state treasury and credited to the water 
 84.19  recreation account: 
 84.20     (1) fees and surcharges from titling and licensing of 
 84.21  watercraft under this chapter; 
 84.22     (2) fines, installment payments, and forfeited bail 
 84.23  according to section 86B.705, subdivision 2; 
 84.24     (3) civil penalties according to section 84D.13; 
 84.25     (4) mooring fees and receipts from the sale of marine gas 
 84.26  at state-operated or state-assisted small craft harbors and 
 84.27  mooring facilities according to section 86A.21; 
 84.28     (5) the unrefunded gasoline tax attributable to watercraft 
 84.29  use under section 296A.18; and 
 84.30     (6) fees for permits issued to control or harvest aquatic 
 84.31  plants other than wild rice under section 103G.615, subdivision 
 84.32  2. 
 84.33     Subd. 3.  [PURPOSES.] The money in the account may be 
 84.34  expended only as appropriated by law for the following purposes: 
 84.35     (1) as directed under section 296A.18, subdivision 2, for 
 84.36  acquisition, development, maintenance, and rehabilitation of 
 85.1   public water access and boating facilities on public waters; 
 85.2   lake and river improvements; and boat and water safety; 
 85.3      (2) from the fees collected at state-operated or 
 85.4   state-assisted small craft harbors and mooring facilities from 
 85.5   daily and seasonal moorings and the sale of marine gas, for 
 85.6   maintenance, operation, replacement, and expansion of these 
 85.7   facilities and for the debt service on state bonds sold to 
 85.8   finance these facilities; 
 85.9      (3) for administration and enforcement of this chapter as 
 85.10  it pertains to titling and licensing of watercraft and use and 
 85.11  safe operation of watercraft; grants for county-sponsored and 
 85.12  administered boat and water safety programs; and state boat and 
 85.13  water safety efforts; 
 85.14     (4) for management of aquatic invasive species and the 
 85.15  implementation of chapter 84D as it pertains to aquatic invasive 
 85.16  species, including control, public awareness, law enforcement, 
 85.17  assessment and monitoring, management planning, and research; 
 85.18  and 
 85.19     (5) for management of aquatic plants and the implementation 
 85.20  of section 103G.615 as it pertains to aquatic plants, including 
 85.21  plant removal permitting, control, public awareness, law 
 85.22  enforcement, assessment and monitoring, management planning, and 
 85.23  research. 
 85.24     Sec. 87.  Minnesota Statutes 2004, section 88.6435, 
 85.25  subdivision 4, is amended to read: 
 85.26     Subd. 4.  [FOREST BOUGH ACCOUNT; DISPOSITION OF PERMIT FEES 
 85.27  AND PENALTIES.] (a) The forest bough account is established in 
 85.28  the state treasury within the natural resources fund. 
 85.29     (b) Fees for permits issued under this section shall be 
 85.30  deposited in the state treasury and credited to the special 
 85.31  revenue fund forest bough account and, except for the electronic 
 85.32  licensing system commission established by the commissioner 
 85.33  under section 84.027, subdivision 15, are annually appropriated 
 85.34  to the commissioner of natural resources for costs associated 
 85.35  with balsam bough educational programs for harvesters and buyers.
 85.36     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 86.1      Sec. 88.  Minnesota Statutes 2004, section 89.039, 
 86.2   subdivision 1, is amended to read: 
 86.3      Subdivision 1.  [ACCOUNT ESTABLISHED; SOURCES.] The forest 
 86.4   management investment account is created in the natural 
 86.5   resources fund in the state treasury and money in the account 
 86.6   may be spent only for the purposes provided in subdivision 2.  
 86.7   The following revenue shall be deposited in the forest 
 86.8   management investment account: 
 86.9      (1) timber sales receipts transferred from the consolidated 
 86.10  conservation areas account as provided in section 84A.51, 
 86.11  subdivision 2; 
 86.12     (2) timber sales receipts from forest lands as provided in 
 86.13  section 89.035; and 
 86.14     (3) money transferred from the forest suspense account 
 86.15  according to section 16A.125, subdivision 5; and 
 86.16     (4) interest accruing from investment of the account. 
 86.17     Sec. 89.  Minnesota Statutes 2004, section 89.37, is 
 86.18  amended by adding a subdivision to read: 
 86.19     Subd. 4a.  [SURCHARGE.] For tree seedlings sold according 
 86.20  to this section, the commissioner may assess a 2.5 cent 
 86.21  surcharge on each tree seedling.  All surcharges collected under 
 86.22  this subdivision must be deposited in the state treasury and 
 86.23  credited to the forest nursery account and are annually 
 86.24  appropriated to the commissioner for the purpose of forestry 
 86.25  education and technical assistance. 
 86.26     Sec. 90.  Minnesota Statutes 2004, section 90.195, is 
 86.27  amended to read: 
 86.28     90.195 [SPECIAL USE PERMIT.] 
 86.29     The commissioner may issue a permit to salvage or cut not 
 86.30  to exceed 12 cords of fuelwood per year for personal use from 
 86.31  either or both of the following sources:  (1) dead, down, and 
 86.32  diseased trees; (2) other trees that are of negative value under 
 86.33  good forest management practices.  The permits may be issued for 
 86.34  a period not to exceed one year.  The commissioner shall charge 
 86.35  a fee, not less than $5, in an amount up to the stumpage for the 
 86.36  permit that shall cover the commissioner's cost of issuing the 
 87.1   permit and shall not exceed the current market value of fuelwood 
 87.2   of similar species, grade, and volume that is being sold in the 
 87.3   area where the salvage or cutting is authorized under the permit.
 87.4      Sec. 91.  Minnesota Statutes 2004, section 97A.055, 
 87.5   subdivision 4b, is amended to read: 
 87.6      Subd. 4b.  [CITIZEN OVERSIGHT SUBCOMMITTEES.] (a) The 
 87.7   commissioner shall appoint subcommittees of affected persons to 
 87.8   review the reports prepared under subdivision 4; review the 
 87.9   proposed work plans and budgets for the coming year; propose 
 87.10  changes in policies, activities, and revenue enhancements or 
 87.11  reductions; review other relevant information; and make 
 87.12  recommendations to the legislature and the commissioner for 
 87.13  improvements in the management and use of money in the game and 
 87.14  fish fund. 
 87.15     (b) The commissioner shall appoint the following 
 87.16  subcommittees, each comprised of at least three affected persons:
 87.17     (1) a Fisheries Operations Subcommittee to review fisheries 
 87.18  funding, excluding activities related to trout and salmon stamp 
 87.19  funding; 
 87.20     (2) a Wildlife Operations Subcommittee to review wildlife 
 87.21  funding, excluding activities related to migratory waterfowl, 
 87.22  pheasant, and turkey stamp funding and excluding review of the 
 87.23  amounts available under section 97A.075, subdivision 1, 
 87.24  paragraphs (b) and (c); 
 87.25     (3) a Big Game Subcommittee to review the report required 
 87.26  in subdivision 4, paragraph (a), clause (2); 
 87.27     (4) an Ecological Services Operations Subcommittee to 
 87.28  review ecological services funding; 
 87.29     (5) a subcommittee to review game and fish fund funding of 
 87.30  enforcement, support services, and Department of Natural 
 87.31  Resources administration; 
 87.32     (6) a subcommittee to review the trout and salmon stamp 
 87.33  report and address funding issues related to trout and salmon; 
 87.34     (7) a subcommittee to review the report on the migratory 
 87.35  waterfowl stamp and address funding issues related to migratory 
 87.36  waterfowl; 
 88.1      (8) a subcommittee to review the report on the pheasant 
 88.2   stamp and address funding issues related to pheasants; and 
 88.3      (9) a subcommittee to review the report on the turkey stamp 
 88.4   and address funding issues related to wild turkeys. 
 88.5      (c) The chairs of each of the subcommittees shall form a 
 88.6   Budgetary Oversight Committee to coordinate the integration of 
 88.7   the subcommittee reports into an annual report to the 
 88.8   legislature; recommend changes on a broad level in policies, 
 88.9   activities, and revenue enhancements or reductions; provide a 
 88.10  forum to address issues that transcend the subcommittees; and 
 88.11  submit a report for any subcommittee that fails to submit its 
 88.12  report in a timely manner. 
 88.13     (d) The Budgetary Oversight Committee shall develop 
 88.14  recommendations for a biennial budget plan and report for 
 88.15  expenditures on game and fish activities.  By August 15 of each 
 88.16  even-numbered year, the committee shall submit the budget plan 
 88.17  recommendations to the commissioner. 
 88.18     (e) Each subcommittee shall choose its own chair, except 
 88.19  that the chair of the Budgetary Oversight Committee shall be 
 88.20  appointed by the commissioner and may not be the chair of any of 
 88.21  the subcommittees. 
 88.22     (f) The Budgetary Oversight Committee must make 
 88.23  recommendations to the commissioner for outcome goals from 
 88.24  expenditures. 
 88.25     (g) Notwithstanding section 15.059, subdivision 5, or other 
 88.26  law to the contrary, the Budgetary Oversight Committee and 
 88.27  subcommittees do not expire until June 30, 2005 2010. 
 88.28     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 88.29  following final enactment. 
 88.30     Sec. 92.  Minnesota Statutes 2004, section 97A.061, 
 88.31  subdivision 1, is amended to read: 
 88.32     Subdivision 1.  [APPLICABILITY; AMOUNT.] (a) The 
 88.33  commissioner shall annually make a payment to each county having 
 88.34  public hunting areas and game refuges.  Money to make the 
 88.35  payments is annually appropriated for that purpose from the 
 88.36  general fund.  Except as provided in paragraph (b), this section 
 89.1   does not apply to state trust fund land and other state land not 
 89.2   purchased for game refuge or public hunting purposes.  Except as 
 89.3   provided in paragraph (b), the payment shall be the greatest of: 
 89.4      (1) 35 percent of the gross receipts from all special use 
 89.5   permits and leases of land acquired for public hunting and game 
 89.6   refuges; 
 89.7      (2) 50 cents per acre on land purchased actually used for 
 89.8   public hunting or game refuges; or 
 89.9      (3) three-fourths of one percent of the appraised value of 
 89.10  purchased land actually used for public hunting and game refuges.
 89.11     (b) The payment shall be 50 percent of the dollar amount 
 89.12  adjusted for inflation as determined under section 477A.12, 
 89.13  subdivision 1, paragraph (a), clause (1), multiplied by the 
 89.14  number of acres of land in the county that are owned by another 
 89.15  state agency for military purposes and designated as a game 
 89.16  refuge under section 97A.085. 
 89.17     (c) The payment must be reduced by the amount paid under 
 89.18  subdivision 3 for croplands managed for wild geese.  
 89.19     (c) (d) The appraised value is the purchase price for five 
 89.20  years after acquisition.  The appraised value shall be 
 89.21  determined by the county assessor every five years after 
 89.22  acquisition. 
 89.23     <b>[EFFECTIVE DATE.]</b> This section is effective for aids paid 
 89.24  in calendar year 2007 and thereafter. 
 89.25     Sec. 93.  Minnesota Statutes 2004, section 97A.075, 
 89.26  subdivision 3, is amended to read: 
 89.27     Subd. 3.  [TROUT AND SALMON STAMP.] (a) Ninety percent of 
 89.28  the revenue from trout and salmon stamps must be credited to the 
 89.29  trout and salmon management account.  Money in the account may 
 89.30  be used only for: 
 89.31     (1) the development, restoration, maintenance, improvement, 
 89.32  protection, and preservation of habitat for trout and salmon in 
 89.33  trout streams and lakes, including, but not limited to, 
 89.34  evaluating habitat; stabilizing eroding stream banks; adding 
 89.35  fish cover; modifying stream channels; managing vegetation to 
 89.36  protect, shade, or reduce runoff on stream banks; and purchasing 
 90.1   equipment to accomplish these tasks; 
 90.2      (2) rearing of trout and salmon and, including utility and 
 90.3   service costs associated with coldwater hatchery buildings and 
 90.4   systems; stocking of trout and salmon in streams and lakes and 
 90.5   Lake Superior; and monitoring and evaluating stocked trout and 
 90.6   salmon; 
 90.7      (3) acquisition of easements and fee title along trout 
 90.8   waters; 
 90.9      (4) identifying easement and fee title areas along trout 
 90.10  waters; and 
 90.11     (5) research and special management projects on trout 
 90.12  streams, trout lakes, and Lake Superior and the anadromous 
 90.13  portions of its tributaries.  
 90.14     (b) Money in the account may not be used for costs unless 
 90.15  they are directly related to a specific parcel of land or body 
 90.16  of water under paragraph (a) or, to specific fish rearing 
 90.17  activities under paragraph (a), clause (2), or for costs 
 90.18  associated with supplies and equipment to implement trout and 
 90.19  salmon management activities under paragraph (a). 
 90.20     Sec. 94.  Minnesota Statutes 2004, section 97A.4742, 
 90.21  subdivision 4, is amended to read: 
 90.22     Subd. 4.  [ANNUAL REPORT.] By December 15 each year, the 
 90.23  commissioner shall submit a report to the legislative committees 
 90.24  having jurisdiction over environment and natural resources 
 90.25  appropriations and environment and natural resources policy.  
 90.26  The report shall state the amount of revenue received in and 
 90.27  expenditures made from revenue transferred from the lifetime 
 90.28  fish and wildlife trust fund to the game and fish fund and shall 
 90.29  describe projects funded, locations of the projects, and results 
 90.30  and benefits from the projects.  The report may be included in 
 90.31  the game and fish fund report required by section 97A.055, 
 90.32  subdivision 4.  The commissioner shall make the annual report 
 90.33  available to the public. 
 90.34     Sec. 95.  Minnesota Statutes 2004, section 97A.482, is 
 90.35  amended to read: 
 90.36     97A.482 [LICENSE APPLICATIONS; COLLECTION OF SOCIAL 
 91.1   SECURITY NUMBERS.] 
 91.2      (a) All applicants for individual noncommercial game and 
 91.3   fish licenses under this chapter and chapters 97B and 97C must 
 91.4   include the applicant's social security number on the license 
 91.5   application.  If an applicant does not have a Social Security 
 91.6   number, the applicant must certify that the applicant does not 
 91.7   have a Social Security number. 
 91.8      (b) The Social Security numbers collected by the 
 91.9   commissioner on game and fish license applications are private 
 91.10  data under section 13.355, subdivision 1, and must be provided 
 91.11  by the commissioner to the commissioner of human services for 
 91.12  child support enforcement purposes.  Title IV-D of the Social 
 91.13  Security Act, United States Code, title 42, section 666(a)(13), 
 91.14  requires the collection of Social Security numbers on game and 
 91.15  fish license applications for child support enforcement purposes.
 91.16     (c) The commissioners of human services and natural 
 91.17  resources shall request a waiver from the secretary of health 
 91.18  and human services to exclude any applicant under the age of 16 
 91.19  from the requirement under this section to provide the 
 91.20  applicant's Social Security number.  If a waiver is granted, 
 91.21  this section will be so amended effective January 1, 2006, or 
 91.22  upon the effective date of the waiver, whichever is later. 
 91.23     Sec. 96.  Minnesota Statutes 2004, section 97A.485, 
 91.24  subdivision 7, is amended to read: 
 91.25     Subd. 7.  [ELECTRONIC LICENSING SYSTEM COMMISSION.] The 
 91.26  commissioner shall retain for the operation of the electronic 
 91.27  licensing system a commission of 4.7 percent of the commission 
 91.28  established under section 84.027, subdivision 15, and issuing 
 91.29  fees collected by the commissioner on all license fees 
 91.30  collected, excluding: 
 91.31     (1) the small game surcharge; and 
 91.32     (2) all issuing fees; and 
 91.33     (3) $2.50 of the license fee for the licenses in section 
 91.34  97A.475, subdivisions 6, clauses (1), (2), and (4), 7, 8, 12, 
 91.35  and 13. 
 91.36     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 92.1      Sec. 97.  Minnesota Statutes 2004, section 97A.551, is 
 92.2   amended by adding a subdivision to read: 
 92.3      Subd. 6.  [TAGGING AND REGISTRATION.] The commissioner may, 
 92.4   by rule, require persons taking, possessing, and transporting 
 92.5   certain species of fish to tag the fish with a special fish 
 92.6   management tag and may require registration of tagged fish.  A 
 92.7   person may not possess or transport a fish species taken in the 
 92.8   state for which a special fish management tag is required unless 
 92.9   a tag is attached to the fish in a manner prescribed by the 
 92.10  commissioner.  The commissioner shall prescribe the manner of 
 92.11  issuance and the type of tag as authorized under section 
 92.12  97C.087.  The tag must be attached to the fish as prescribed by 
 92.13  the commissioner immediately upon reducing the fish to 
 92.14  possession and must remain attached to the fish until the fish 
 92.15  is processed or consumed.  Species for which a special fish 
 92.16  management tag is required must be transported undressed. 
 92.17     Sec. 98.  Minnesota Statutes 2004, section 97B.015, 
 92.18  subdivision 7, is amended to read: 
 92.19     Subd. 7.  [FEE FOR DUPLICATE CERTIFICATE.] The commissioner 
 92.20  shall collect a fee, to include a $1 issuing fee for licensing 
 92.21  agents, for issuing a duplicate firearms safety certificate.  
 92.22  The commissioner shall establish a fee that neither 
 92.23  significantly overrecovers nor underrecovers costs, including 
 92.24  overhead costs, involved in providing the service.  The fee is 
 92.25  not subject to the rulemaking provisions of chapter 14 and 
 92.26  section 14.386 does not apply.  The commissioner may establish 
 92.27  the fee notwithstanding section 16A.1283.  The duplicate 
 92.28  certificate fees, except for the issuing fee for licensing 
 92.29  agents under this subdivision, shall be deposited in the game 
 92.30  and fish fund and, except for the electronic licensing system 
 92.31  commission established by the commissioner under section 84.027, 
 92.32  subdivision 15, and issuing fees collected by the commissioner, 
 92.33  are appropriated annually to the Enforcement Division of the 
 92.34  Department of Natural Resources for the administration of the 
 92.35  firearm safety course program.  
 92.36     <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 93.1      Sec. 99.  Minnesota Statutes 2004, section 97B.025, is 
 93.2   amended to read: 
 93.3      97B.025 [HUNTER AND TRAPPER EDUCATION.] 
 93.4      (a) The commissioner may establish education courses for 
 93.5   hunters and trappers.  The commissioner shall collect a fee from 
 93.6   each person attending a course.  A fee, to include a $1 issuing 
 93.7   fee for licensing agents, shall be collected for issuing a 
 93.8   duplicate certificate.  The commissioner shall establish the 
 93.9   fees in a manner that neither significantly overrecovers nor 
 93.10  underrecovers costs, including overhead costs, involved in 
 93.11  providing the services.  The fees are not subject to the 
 93.12  rulemaking provisions of chapter 14 and section 14.386 does not 
 93.13  apply.  The commissioner may establish the fees notwithstanding 
 93.14  section 16A.1283.  The fees, except for the issuing fee for 
 93.15  licensing agents under this subdivision, shall be deposited in 
 93.16  the game and fish fund and the amount thereof, except for the 
 93.17  electronic licensing system commission established by the 
 93.18  commissioner under section 84.027, subdivision 15, is 
 93.19  appropriated annually to the Enforcement Division of the 
 93.20  Department of Natural Resources for the administration of the 
 93.21  program.  In addition to the fee established by the commissioner 
 93.22  for each course, instructors may charge each person up to the 
 93.23  established fee amount for class materials and expenses.  School 
 93.24  districts may cooperate with the commissioner and volunteer 
 93.25  instructors to provide space for the classroom portion of the 
 93.26  training. 
 93.27     (b) The commissioner shall enter into an agreement with a 
 93.28  statewide nonprofit trappers association to conduct a trapper 
 93.29  education program.  At a minimum, the program must include at 
 93.30  least six hours of classroom and in the field training.  The 
 93.31  program must include a review of state trapping laws and 
 93.32  regulations, trapping ethics, the setting and tending of traps 
 93.33  and snares, tagging and registration requirements, and the 
 93.34  preparation of pelts.  The association shall be responsible for 
 93.35  all costs of conducting the education program, and shall not 
 93.36  charge any fee for attending the course. 
 94.1      <b>[EFFECTIVE DATE.]</b> This section is effective July 6, 2005. 
 94.2      Sec. 100.  Minnesota Statutes 2004, section 97C.085, is 
 94.3   amended to read: 
 94.4      97C.085 [PERMIT REQUIRED FOR TAGGING FISH.] 
 94.5      A person may not tag or otherwise mark a live fish for 
 94.6   identification without a permit from the commissioner, except 
 94.7   for special fish management tags as authorized under section 
 94.8   97A.551. 
 94.9      Sec. 101.  [97C.087] [SPECIAL FISH MANAGEMENT TAGS.] 
 94.10     Subdivision 1.  [TAGS TO BE ISSUED.] If the commissioner 
 94.11  determines it is necessary to require that a species of fish be 
 94.12  tagged with a special fish management tag, the commissioner 
 94.13  shall prescribe, by rule, the species to be tagged, tagging 
 94.14  procedures, and eligibility requirements. 
 94.15     Subd. 2.  [APPLICATION FOR TAG.] Application for special 
 94.16  fish management tags must be accompanied by a $5, nonrefundable 
 94.17  application fee for each tag.  A person may not make more than 
 94.18  one tag application each year.  If a person makes more than one 
 94.19  application, the person is ineligible for a special fish 
 94.20  management tag for that season after determination by the 
 94.21  commissioner, without a hearing. 
 94.22     Sec. 102.  Minnesota Statutes 2004, section 103E.081, is 
 94.23  amended by adding a subdivision to read: 
 94.24     Subd 2a.  [PLANTING TREES OVER PUBLIC TILE.] A person must 
 94.25  not knowingly plant trees over a public drain tile, unless the 
 94.26  person planting the trees receives permission from the drainage 
 94.27  authority. 
 94.28     Sec. 103.  Minnesota Statutes 2004, section 103E.081, is 
 94.29  amended by adding a subdivision to read: 
 94.30     Subd. 2b.  [PLANTING TREES OVER PRIVATE TILE.] A person 
 94.31  must not knowingly plant trees over a private drain tile that 
 94.32  provides for the drainage of land owned or leased by another 
 94.33  person, unless the person planting the trees receives permission 
 94.34  from all persons who receive drainage benefits from the drain 
 94.35  tile. 
 94.36     Sec. 104.  [103F.950] [BEAVER DAMAGE CONTROL GRANTS.] 
 95.1      Subdivision 1.  [ESTABLISHMENT.] The Board of Water and 
 95.2   Soil Resources shall establish a beaver damage control grant 
 95.3   program to provide grants for the control of beaver activities 
 95.4   causing damage to public waters, roads, and ditches and adjacent 
 95.5   private property.  The grants may be made to: 
 95.6      (1) a joint powers board established under section 471.59 
 95.7   by two or more governmental units; 
 95.8      (2) soil and water conservation districts; and 
 95.9      (3) Indian tribal governments. 
 95.10     Subd. 2.  [GRANT AMOUNT.] The board may provide up to 50 
 95.11  percent of the costs of implementing a beaver damage control 
 95.12  program by a joint powers board. 
 95.13     Subd. 3.  [AWARDING OF GRANTS.] Applications for grants 
 95.14  must be made to the board on forms prescribed by the 
 95.15  commissioner.  The board shall consult with town supervisors and 
 95.16  county commissioners representing different areas of the state 
 95.17  in developing the application form.  A joint powers board 
 95.18  seeking a grant may be required to supply information on the 
 95.19  beaver control program it has adopted, the extent of the problem 
 95.20  in the geographic area covered by the joint powers agreement, 
 95.21  and the ability of the joint powers board to match the state 
 95.22  grant.  The board may prioritize the grant applications based 
 95.23  upon the information requested as part of the grant application. 
 95.24     Subd. 4.  [REPORT.] (a) Within one year after receiving a 
 95.25  grant under this section, a joint powers board must report to 
 95.26  the Board of Water and Soil Resources on the joint powers 
 95.27  board's efforts to control beaver in the area. 
 95.28     (b) By December 15 of each even-numbered year, the board 
 95.29  shall report to the senate and house environment and natural 
 95.30  resources policy and finance committees on the efforts under 
 95.31  this section to control beaver. 
 95.32     Sec. 105.  Minnesota Statutes 2004, section 103G.271, 
 95.33  subdivision 6, is amended to read: 
 95.34     Subd. 6.  [WATER USE PERMIT PROCESSING FEE.] (a) Except as 
 95.35  described in paragraphs (b) to (f), a water use permit 
 95.36  processing fee must be prescribed by the commissioner in 
 96.1   accordance with the schedule of fees in this subdivision for 
 96.2   each water use permit in force at any time during the year.  The 
 96.3   schedule is as follows, with the stated fee in each clause 
 96.4   applied to the total amount appropriated: 
 96.5      (1) $101 for amounts not exceeding 50,000,000 gallons per 
 96.6   year; 
 96.7      (2) $3 per 1,000,000 gallons for amounts greater than 
 96.8   50,000,000 gallons but less than 100,000,000 gallons per year; 
 96.9      (3) $3.50 per 1,000,000 gallons for amounts greater than 
 96.10  100,000,000 gallons but less than 150,000,000 gallons per year; 
 96.11     (4) $4 per 1,000,000 gallons for amounts greater than 
 96.12  150,000,000 gallons but less than 200,000,000 gallons per year; 
 96.13     (5) $4.50 per 1,000,000 gallons for amounts greater than 
 96.14  200,000,000 gallons but less than 250,000,000 gallons per year; 
 96.15     (6) $5 per 1,000,000 gallons for amounts greater than 
 96.16  250,000,000 gallons but less than 300,000,000 gallons per year; 
 96.17     (7) $5.50 per 1,000,000 gallons for amounts greater than 
 96.18  300,000,000 gallons but less than 350,000,000 gallons per year; 
 96.19     (8) $6 per 1,000,000 gallons for amounts greater than 
 96.20  350,000,000 gallons but less than 400,000,000 gallons per year; 
 96.21     (9) $6.50 per 1,000,000 gallons for amounts greater than 
 96.22  400,000,000 gallons but less than 450,000,000 gallons per year; 
 96.23     (10) $7 per 1,000,000 gallons for amounts greater than 
 96.24  450,000,000 gallons but less than 500,000,000 gallons per year; 
 96.25  and 
 96.26     (11) $7.50 per 1,000,000 gallons for amounts greater than 
 96.27  500,000,000 gallons per year. 
 96.28     (b) For once-through cooling systems, a water use 
 96.29  processing fee must be prescribed by the commissioner in 
 96.30  accordance with the following schedule of fees for each water 
 96.31  use permit in force at any time during the year: 
 96.32     (1) for nonprofit corporations and school districts, $150 
 96.33  per 1,000,000 gallons; and 
 96.34     (2) for all other users, $200 $300 per 1,000,000 gallons. 
 96.35     (c) The fee is payable based on the amount of water 
 96.36  appropriated during the year and, except as provided in 
 97.1   paragraph (f), the minimum fee is $100.  
 97.2      (d) For water use processing fees other than once-through 
 97.3   cooling systems:  
 97.4      (1) the fee for a city of the first class may not exceed 
 97.5   $250,000 per year; 
 97.6      (2) the fee for other entities for any permitted use may 
 97.7   not exceed: 
 97.8      (i) $50,000 per year for an entity holding three or fewer 
 97.9   permits; 
 97.10     (ii) $75,000 per year for an entity holding four or five 
 97.11  permits; 
 97.12     (iii) $250,000 per year for an entity holding more than 
 97.13  five permits; 
 97.14     (3) the fee for agricultural irrigation may not exceed $750 
 97.15  per year; 
 97.16     (4) the fee for a municipality that furnishes electric 
 97.17  service and cogenerates steam for home heating may not exceed 
 97.18  $10,000 for its permit for water use related to the cogeneration 
 97.19  of electricity and steam; and 
 97.20     (5) no fee is required for a project involving the 
 97.21  appropriation of surface water to prevent flood damage or to 
 97.22  remove flood waters during a period of flooding, as determined 
 97.23  by the commissioner.  
 97.24     (e) Failure to pay the fee is sufficient cause for revoking 
 97.25  a permit.  A penalty of two percent per month calculated from 
 97.26  the original due date must be imposed on the unpaid balance of 
 97.27  fees remaining 30 days after the sending of a second notice of 
 97.28  fees due.  A fee may not be imposed on an agency, as defined in 
 97.29  section 16B.01, subdivision 2, or federal governmental agency 
 97.30  holding a water appropriation permit. 
 97.31     (f) The minimum water use processing fee for a permit 
 97.32  issued for irrigation of agricultural land is $20 for years in 
 97.33  which: 
 97.34     (1) there is no appropriation of water under the permit; or 
 97.35     (2) the permit is suspended for more than seven consecutive 
 97.36  days between May 1 and October 1. 
 98.1      (g) A surcharge of $20 per million gallons in addition to 
 98.2   the fee prescribed in paragraph (a) shall be applied to the 
 98.3   volume of water used in June, July, and August that exceeds the 
 98.4   volume of water used in January for municipal water use, 
 98.5   irrigation of golf courses, and landscape irrigation. 
 98.6      Sec. 106.  Minnesota Statutes 2004, section 103G.301, 
 98.7   subdivision 2, is amended to read: 
 98.8      Subd. 2.  [PERMIT APPLICATION FEES.] (a) An application for 
 98.9   a permit authorized under this chapter, and each request to 
 98.10  amend or transfer an existing permit, must be accompanied by a 
 98.11  permit application fee to defray the costs of receiving, 
 98.12  recording, and processing the application or request to amend or 
 98.13  transfer.  
 98.14     (b) The fee to apply for a permit to appropriate water, a 
 98.15  permit to construct or repair a dam that is subject to dam 
 98.16  safety inspection, or a state general permit or to apply for the 
 98.17  state water bank program is $75 $150.  The application fee for a 
 98.18  permit to work in public waters or to divert waters for mining 
 98.19  must be at least $75 $150, but not more than $500 $1,000, 
 98.20  according to a schedule of fees adopted under section 16A.1285. 
 98.21     Sec. 107.  Minnesota Statutes 2004, section 103G.615, 
 98.22  subdivision 2, is amended to read: 
 98.23     Subd. 2.  [FEES.] (a) The commissioner shall establish a 
 98.24  fee schedule for permits to control or harvest aquatic plants 
 98.25  other than wild rice.  The fees must be set by rule, and section 
 98.26  16A.1283 does not apply.  The fees may not exceed $750 per 
 98.27  permit based upon the cost of receiving, processing, analyzing, 
 98.28  and issuing the permit, and additional costs incurred after the 
 98.29  application to inspect and monitor the activities authorized by 
 98.30  the permit, and enforce aquatic plant management rules and 
 98.31  permit requirements. 
 98.32     (b) The fee for a permit for the control of rooted aquatic 
 98.33  vegetation is $35 for each contiguous parcel of shoreline owned 
 98.34  by an owner.  This fee may not be charged for permits issued in 
 98.35  connection with purple loosestrife control or lakewide Eurasian 
 98.36  water milfoil control programs. 
 99.1      (c) A fee may not be charged to the state or a federal 
 99.2   governmental agency applying for a permit. 
 99.3      (d) The money received for the permits under this 
 99.4   subdivision shall be deposited in the treasury and credited to 
 99.5   the game and fish fund water recreation account. 
 99.6      Sec. 108.  Minnesota Statutes 2004, section 103I.681, 
 99.7   subdivision 11, is amended to read: 
 99.8      Subd. 11.  [PERMIT FEE SCHEDULE.] (a) The commissioner of 
 99.9   natural resources shall adopt a permit fee schedule under 
 99.10  chapter 14.  The schedule may provide minimum fees for various 
 99.11  classes of permits, and additional fees, which may be imposed 
 99.12  subsequent to the application, based on the cost of receiving, 
 99.13  processing, analyzing, and issuing the permit, and the actual 
 99.14  inspecting and monitoring of the activities authorized by the 
 99.15  permit, including costs of consulting services. 
 99.16     (b) A fee may not be imposed on a state or federal 
 99.17  governmental agency applying for a permit.  
 99.18     (c) The fee schedule may provide for the refund of a fee, 
 99.19  in whole or in part, under circumstances prescribed by the 
 99.20  commissioner of natural resources.  Permit Fees received must be 
 99.21  deposited in the state treasury and credited to the general 
 99.22  fund.  The amount of money necessary to pay the refunds is 
 99.23  Permit fees received are appropriated annually from the general 
 99.24  fund to the commissioner of natural resources for the costs of 
 99.25  inspecting and monitoring the activities authorized by the 
 99.26  permit, including costs of consulting services.  
 99.27     Sec. 109.  Minnesota Statutes 2004, section 115.03, 
 99.28  subdivision 4a, is amended to read: 
 99.29     Subd. 4a.  [SECTION 401 CERTIFICATIONS.] (a) The following 
 99.30  definitions apply to this subdivision: 
 99.31     (1) "section 401 certification" means a water quality 
 99.32  certification required under section 401 of the federal Clean 
 99.33  Water Act, United States Code, title 33, section 1341; and 
 99.34     (2) "nationwide federal general permit" means a nationwide 
 99.35  general permit issued by the United States Army Corps of 
 99.36  Engineers and listed in Code of Federal Regulations, title 40, 
100.1   part 330, appendix A under section 404 of the federal Clean 
100.2   Water Act, United States Code, title 33, section 1344; and 
100.3      (3) "professional review" means review of federal permits 
100.4   or licenses that require section 401 certification before 
100.5   issuance by professional or technical agency staff experienced 
100.6   with section 401 water quality certification. 
100.7      (b) The agency commissioner is responsible for providing 
100.8   section 401 certifications for nationwide federal permits or 
100.9   licenses that require section 401 certification before issuance 
100.10  of the federal permit or license. 
100.11     (c) Before making a final decision on a section 401 
100.12  certification for regional conditions on a nationwide federal 
100.13  general permit, the agency commissioner shall hold at least one 
100.14  public meeting outside the seven-county metropolitan area. 
100.15     (d) In addition to other notice required by law, the agency 
100.16  shall provide written notice of a meeting at which the agency 
100.17  will be considering a section 401 certification for regional 
100.18  conditions on a nationwide federal general permit at least 21 
100.19  days before the date of the meeting to the members of the senate 
100.20  and house of representatives environment and natural resources 
100.21  committees, the senate Agriculture and Rural Development 
100.22  Committee, and the house of representatives Agriculture 
100.23  Committee policy committees with jurisdiction over environment 
100.24  and agriculture. 
100.25     (e) Beginning July 1, 2005, the commissioner shall collect 
100.26  a fee on individual section 401 certifications that are not 
100.27  subject to a federal general permit or a letter of permission in 
100.28  the amount of $350 per certification and an additional $200 for 
100.29  each acre of wetland or surface water that is subject to the 
100.30  section 401 certification.  All fees collected by the 
100.31  commissioner under this section shall be deposited in the 
100.32  environmental fund and are appropriated to the agency for the 
100.33  purpose of providing professional review and notification. 
100.34     (f) A decision by the commissioner to waive review of 
100.35  section 401 certification must include a written notice to 
100.36  project applicants that they remain responsible for complying 
101.1   with all water quality standards and other applicable statutes 
101.2   and rules and that the commissioner retains the authority to 
101.3   enforce violations of applicable standards, statutes, and rules, 
101.4   including assessment of penalties. 
101.5      (g) The commissioner shall provide access to all public 
101.6   notices of applications for section 401 certification, their 
101.7   status, and the decision to certify, deny, or waive any 
101.8   application on the agency's Internet Web site, and may publish 
101.9   these documents in any other appropriate public medium.  All 
101.10  public comments must be attached to the official public record 
101.11  waiver decision and be available for review upon request.  All 
101.12  publications shall include the project's location, including 
101.13  county, township, range and section, street address, or 
101.14  directions. 
101.15     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
101.16  following final enactment. 
101.17     Sec. 110.  Minnesota Statutes 2004, section 115.551, is 
101.18  amended to read: 
101.19     115.551 [TANK FEE.] 
101.20     (a) An installer shall pay a fee of $25 for each septic 
101.21  system tank installed in the previous calendar year.  The fees 
101.22  required under this section must be paid to the commissioner by 
101.23  January 30 of each year.  The revenue derived from the fee 
101.24  imposed under this section shall be deposited in the 
101.25  environmental fund and is exempt from section 16A.1285. 
101.26     (b) Notwithstanding paragraph (a), for the purposes of 
101.27  performance-based individual sewage treatment systems, the tank 
101.28  fee is limited to $25 per household system installation. 
101.29     Sec. 111.  Minnesota Statutes 2004, section 115B.48, 
101.30  subdivision 8, is amended to read: 
101.31     Subd. 8.  [FULL-TIME EQUIVALENCE.] "Full-time equivalence" 
101.32  means 2,000 hours worked by employees, owners, and others in a 
101.33  dry cleaning facility during a 12-month period beginning July 1 
101.34  of the preceding year and running through June 30 of the year in 
101.35  which the annual registration fee is due.  For those dry 
101.36  cleaning facilities that were in business less than the 12-month 
102.1   period, full-time equivalence means the total of all of the 
102.2   hours worked in the dry cleaning facility, divided by 2,000 and 
102.3   multiplied by a fraction, the numerator of which is 50 and the 
102.4   denominator of which is the number of weeks in business during 
102.5   the reporting period.  For the purposes of section 115B.49, an 
102.6   owner working 2,000 hours or more shall be considered as one 
102.7   full-time equivalent. 
102.8      Sec. 112.  Minnesota Statutes 2004, section 115B.49, is 
102.9   amended by adding a subdivision to read: 
102.10     Subd. 5.  [FEE ADJUSTMENT.] Notwithstanding section 
102.11  16A.1285, each fiscal year the commissioner shall adjust the 
102.12  fees in subdivision 4 as necessary to maintain an annual income 
102.13  to the account of $650,000. 
102.14     Sec. 113.  Minnesota Statutes 2004, section 116O.09, 
102.15  subdivision 1a, is amended to read: 
102.16     Subd. 1a.  [BOARD OF DIRECTORS.] The board of directors of 
102.17  the Agricultural Utilization Research Institute is comprised of: 
102.18     (1) the chairs of the senate and the house of 
102.19  representatives standing committees with jurisdiction over 
102.20  agriculture finance or the chair's designee; 
102.21     (2) two representatives of statewide farm organizations; 
102.22     (3) two representatives of agribusiness; and 
102.23     (4) three representatives of the commodity promotion 
102.24  councils. 
102.25     A member of the board of directors under clauses (2) to 
102.26  (4), including a member serving on July 1, 2003, may serve for a 
102.27  maximum of two three-year terms.  The board's compensation is 
102.28  governed by section 15.0575, subdivision 3. 
102.29     Sec. 114.  Minnesota Statutes 2004, section 116P.05, 
102.30  subdivision 2, is amended to read: 
102.31     Subd. 2.  [DUTIES.] (a) The commission shall recommend a 
102.32  budget plan for expenditures from the environment and natural 
102.33  resources trust fund and shall adopt a strategic plan as 
102.34  provided in section 116P.08.  
102.35     (b) The commission shall recommend expenditures to the 
102.36  legislature from the state land and water conservation account 
103.1   in the natural resources fund.  
103.2      (c) It is a condition of acceptance of the appropriations 
103.3   made from the Minnesota environment and natural resources trust 
103.4   fund, and oil overcharge money under section 4.071, subdivision 
103.5   2, that the agency or entity receiving the appropriation must 
103.6   submit a work program and semiannual progress reports in the 
103.7   form determined by the Legislative Commission on Minnesota 
103.8   Resources, and comply with applicable reporting requirements 
103.9   under section 116P.16.  None of the money provided may be spent 
103.10  unless the commission has approved the pertinent work program. 
103.11     (d) The peer review panel created under section 116P.08 
103.12  must also review, comment, and report to the commission on 
103.13  research proposals applying for an appropriation from the oil 
103.14  overcharge money under section 4.071, subdivision 2. 
103.15     (e) The commission may adopt operating procedures to 
103.16  fulfill its duties under chapter 116P. 
103.17     <b>[EFFECTIVE DATE.]</b> This section is effective for interests 
103.18  in land acquired after June 30, 2005. 
103.19     Sec. 115.  [116P.16] [REAL PROPERTY INTEREST REPORT.] 
103.20     By December 1 each year, a recipient of an appropriation 
103.21  from the trust fund, that is used for the acquisition of an 
103.22  interest in real property, must submit annual reports on the 
103.23  status of the real property to the Legislative Commission on 
103.24  Minnesota Resources in a form determined by the commission.  The 
103.25  responsibility for reporting under this section may be 
103.26  transferred by the recipient of the appropriation to another 
103.27  person who holds the interest in the real property.  To complete 
103.28  the transfer of reporting responsibility, the recipient of the 
103.29  appropriation must: 
103.30     (1) inform the person to whom the responsibility is 
103.31  transferred of that person's reporting responsibility; 
103.32     (2) inform the person to whom the responsibility is 
103.33  transferred of the property restrictions under section 116P.15; 
103.34  and 
103.35     (3) provide written notice to the commission of the 
103.36  transfer of reporting responsibility, including contact 
104.1   information for the person to whom the responsibility is 
104.2   transferred. 
104.3   After the transfer, the person who holds the interest in the 
104.4   real property is responsible for reporting requirements under 
104.5   this section. 
104.6      <b>[EFFECTIVE DATE.]</b> This section is effective for interests 
104.7   in land acquired after June 30, 2005. 
104.8      Sec. 116.  Minnesota Statutes 2004, section 160.232, is 
104.9   amended to read: 
104.10     160.232 [MOWING DITCHES OUTSIDE CITIES.] 
104.11     (a) To provide enhanced roadside habitat for nesting birds 
104.12  and other small wildlife, road authorities may not mow or till 
104.13  the right-of-way of a highway located outside of a home rule 
104.14  charter or statutory city except as allowed in this section and 
104.15  section 160.23. 
104.16     (b) On any highway, the first eight feet away from the road 
104.17  surface, or shoulder if one exists, may be mowed at any time. 
104.18     (c) An entire right-of-way may be mowed after July 31.  
104.19  From August 31 to the following July 31, the entire right-of-way 
104.20  may only be mowed if necessary for safety reasons, and but may 
104.21  not be mowed to a height of less than 12 inches. 
104.22     (d) A right-of-way may be mowed as necessary to maintain 
104.23  sight distance for safety and may be mowed at other times under 
104.24  rules of the commissioner, or by ordinance of a local road 
104.25  authority not conflicting with the rules of the commissioner. 
104.26     (e) A right-of-way may be mowed, burned, or tilled to 
104.27  prepare the right-of-way for the establishment of permanent 
104.28  vegetative cover or for prairie vegetation management.  
104.29     (f) When feasible, road authorities are encouraged to 
104.30  utilize low maintenance, native vegetation that reduces the need 
104.31  to mow, provides wildlife habitat, and maintains public safety. 
104.32     (g) The commissioner of natural resources shall cooperate 
104.33  with the commissioner of transportation to provide enhanced 
104.34  roadside habitat for nesting birds and other small wildlife. 
104.35     Sec. 117.  Minnesota Statutes 2004, section 168.1296, 
104.36  subdivision 1, is amended to read: 
105.1      Subdivision 1.  [GENERAL REQUIREMENTS AND PROCEDURES.] (a) 
105.2   The registrar shall issue special critical habitat license 
105.3   plates to an applicant who: 
105.4      (1) is an owner or joint owner of a passenger automobile, 
105.5   pickup truck, or van, or recreational equipment; 
105.6      (2) pays a fee of $10 to cover the costs of handling and 
105.7   manufacturing the plates; 
105.8      (3) pays the registration tax required under section 
105.9   168.013; 
105.10     (4) pays the fees required under this chapter; 
105.11     (5) contributes a minimum of $30 annually to the Minnesota 
105.12  critical habitat private sector matching account established in 
105.13  section 84.943; and 
105.14     (6) complies with laws and rules governing registration and 
105.15  licensing of vehicles and drivers. 
105.16     (b) The critical habitat license application form must 
105.17  clearly indicate that the annual contribution specified under 
105.18  paragraph (a), clause (5), is a minimum contribution to receive 
105.19  the license plate and that the applicant may make an additional 
105.20  contribution to the account. 
105.21     (c) Owners of recreational equipment under paragraph (a), 
105.22  clause (1), are eligible only for special critical habitat 
105.23  license plates for which the designs are selected under 
105.24  subdivision 2, on or after January 1, 2006.  
105.25     (d) Special critical habitat license plates, the designs 
105.26  for which are selected under subdivision 2, on or after January 
105.27  1, 2006, may be personalized according to section 168.12, 
105.28  subdivision 2a. 
105.29     Sec. 118.  Minnesota Statutes 2004, section 223.17, 
105.30  subdivision 3, is amended to read: 
105.31     Subd. 3.  [GRAIN BUYERS AND STORAGE ACCOUNT; FEES.] The 
105.32  commissioner shall set the fees for inspections under sections 
105.33  223.15 to 223.22 at levels necessary to pay the expenses of 
105.34  administering and enforcing sections 223.15 to 223.22.  
105.35     The fee for any license issued or renewed after June 30, 
105.36  2001 2005, shall be set according to the following schedule: 
106.1      (a) $125 $140 plus $100 $110 for each additional location 
106.2   for grain buyers whose gross annual purchases are less than 
106.3   $100,000; 
106.4      (b) $250 $275 plus $100 $110 for each additional location 
106.5   for grain buyers whose gross annual purchases are at least 
106.6   $100,000, but not more than $750,000; 
106.7      (c) $375 $415 plus $200 $220 for each additional location 
106.8   for grain buyers whose gross annual purchases are more than 
106.9   $750,000 but not more than $1,500,000; 
106.10     (d) $500 $550 plus $200 $220 for each additional location 
106.11  for grain buyers whose gross annual purchases are more than 
106.12  $1,500,000 but not more than $3,000,000; and 
106.13     (e) $625 $700 plus $200 $220 for each additional location 
106.14  for grain buyers whose gross annual purchases are more than 
106.15  $3,000,000.  
106.16     A penalty amount not to exceed ten percent of the fees due 
106.17  may be imposed by the commissioner for each month for which the 
106.18  fees are delinquent. 
106.19     There is created the grain buyers and storage account in 
106.20  the agricultural fund.  Money collected pursuant to sections 
106.21  223.15 to 223.19 shall be paid into the state treasury and 
106.22  credited to the grain buyers and storage account and is 
106.23  appropriated to the commissioner for the administration and 
106.24  enforcement of sections 223.15 to 223.22. 
106.25     Sec. 119.  Minnesota Statutes 2004, section 231.16, is 
106.26  amended to read: 
106.27     231.16 [WAREHOUSE OPERATOR OR HOUSEHOLD GOODS WAREHOUSE 
106.28  OPERATOR TO OBTAIN LICENSE.] 
106.29     A warehouse operator or household goods warehouse operator 
106.30  must be licensed annually by the department.  The department 
106.31  shall prescribe the form of the written application.  If the 
106.32  department approves the license application and the applicant 
106.33  files with the department the necessary bond, in the case of 
106.34  household goods warehouse operators, or proof of warehouse 
106.35  operators legal liability insurance coverage in an amount of 
106.36  $50,000 or more, as provided for in this chapter, the department 
107.1   shall issue the license upon payment of the license fee required 
107.2   in this section.  A warehouse operator or household goods 
107.3   warehouse operator to whom a license is issued shall pay a fee 
107.4   as follows:  
107.5           Building square footage used for public storage 
107.6               (1) 5,000 or less                $100 $110
107.7               (2) 5,001 to 10,000              $200 $220 
107.8               (3) 10,001 to 20,000             $300 $330 
107.9               (4) 20,001 to 100,000            $400 $440
107.10              (5) 100,001 to 200,000           $500 $550
107.11              (6) over 200,000                 $600 $660
107.12     A penalty amount not to exceed ten percent of the fees due 
107.13  may be imposed by the commissioner for each month for which the 
107.14  fees are delinquent. 
107.15     Fees collected under this chapter must be paid into the 
107.16  grain buyers and storage account established in section 232.22. 
107.17     The license must be renewed annually on or before July 1, 
107.18  and always upon payment of the full license fee required in this 
107.19  section.  No license shall be issued for any portion of a year 
107.20  for less than the full amount of the license fee required in 
107.21  this section.  Each license obtained under this chapter must be 
107.22  publicly displayed in the main office of the place of business 
107.23  of the warehouse operator or household goods warehouse operator 
107.24  to whom it is issued.  The license authorizes the warehouse 
107.25  operator or household goods warehouse operator to carry on the 
107.26  business of warehousing only in the one city or town named in 
107.27  the application and in the buildings therein described.  The 
107.28  department, without requiring an additional bond and license, 
107.29  may issue permits from time to time to any warehouse operator 
107.30  already duly licensed under the provisions of this chapter to 
107.31  operate an additional warehouse in the same city or town for 
107.32  which the original license was issued during the term thereof, 
107.33  upon the filing an application for a permit in the form 
107.34  prescribed by the department. 
107.35     A license may be refused for good cause shown and revoked 
107.36  by the department for violation of law or of any rule adopted by 
108.1   the department, upon notice and after hearing. 
108.2      Sec. 120.  Minnesota Statutes 2004, section 232.22, 
108.3   subdivision 3, is amended to read: 
108.4      Subd. 3.  [FEES; GRAIN BUYERS AND STORAGE ACCOUNT.] There 
108.5   is created in the agricultural fund an account known as the 
108.6   grain buyers and storage account.  The commissioner shall set 
108.7   the fees for inspections, certifications and licenses under 
108.8   sections 232.20 to 232.25 at levels necessary to pay the costs 
108.9   of administering and enforcing sections 232.20 to 232.25.  All 
108.10  money collected pursuant to sections 232.20 to 232.25 and 
108.11  chapters 233 and 236 shall be paid by the commissioner into the 
108.12  state treasury and credited to the grain buyers and storage 
108.13  account and is appropriated to the commissioner for the 
108.14  administration and enforcement of sections 232.20 to 232.25 and 
108.15  chapters 233 and 236.  All money collected pursuant to chapter 
108.16  231 shall be paid by the commissioner into the grain buyers and 
108.17  storage account and is appropriated to the commissioner for the 
108.18  administration and enforcement of chapter 231.  
108.19     The fees for a license to store grain are as follows: 
108.20     (a) For a license to store grain, $110 for each home rule 
108.21  charter or statutory city or town in which a public grain 
108.22  warehouse is operated. 
108.23     (b) A person with a license to store grain in a public 
108.24  grain warehouse is subject to an examination fee for each 
108.25  licensed location, based on the following schedule for one 
108.26  examination: 
108.27       Bushel Capacity            Examination Fee 
108.28       Less than 150,001                  $300
108.29       150,001 to 250,000                 $425
108.30       250,001 to 500,000                 $545
108.31       500,001 to 750,000                 $700
108.32       750,001 to 1,000,000               $865
108.33       1,000,001 to 1,200,000             $1,040
108.34       1,200,001 to 1,500,000             $1,205
108.35       1,500,001 to 2,000,000             $1,380
108.36       More than 2,000,000                $1,555
109.1      (c) The fee for the second examination is $55 per hour per 
109.2   examiner for warehouse operators who choose to have it performed 
109.3   by the commissioner. 
109.4      (d) A penalty amount not to exceed ten percent of the fees 
109.5   due may be imposed by the commissioner for each month for which 
109.6   the fees are delinquent. 
109.7      Sec. 121.  Minnesota Statutes 2004, section 236.02, 
109.8   subdivision 4, is amended to read: 
109.9      Subd. 4.  [FEES.] The license fee is $140 for each home 
109.10  rule charter or statutory city or town in which a private grain 
109.11  warehouse is operated and which will be used to operate a grain 
109.12  bank.  A penalty amount not to exceed ten percent of the fees 
109.13  due may be imposed by the commissioner for each month for which 
109.14  the fees are delinquent.  The license fee must be set by the 
109.15  commissioner in an amount sufficient to cover the costs of 
109.16  administering and enforcing this chapter.  Fees collected under 
109.17  this chapter must be paid into the grain buyers and storage 
109.18  account established in section 232.22. 
109.19     Sec. 122.  Minnesota Statutes 2004, section 282.08, is 
109.20  amended to read: 
109.21     282.08 [APPORTIONMENT OF PROCEEDS TO TAXING DISTRICTS.] 
109.22     The net proceeds from the sale or rental of any parcel of 
109.23  forfeited land, or from the sale of products from the forfeited 
109.24  land, must be apportioned by the county auditor to the taxing 
109.25  districts interested in the land, as follows: 
109.26     (1) the amounts necessary to pay the state general tax levy 
109.27  against the parcel for taxes payable in the year for which the 
109.28  tax judgment was entered, and for each subsequent payable year 
109.29  up to and including the year of forfeiture, must be apportioned 
109.30  to the state; 
109.31     (2) the portion required to pay any amounts included in the 
109.32  appraised value under section 282.01, subdivision 3, as 
109.33  representing increased value due to any public improvement made 
109.34  after forfeiture of the parcel to the state, but not exceeding 
109.35  the amount certified by the clerk of the municipality must be 
109.36  apportioned to the municipal subdivision entitled to it; 
110.1      (3) the portion required to pay any amount included in the 
110.2   appraised value under section 282.019, subdivision 5, 
110.3   representing increased value due to response actions taken after 
110.4   forfeiture of the parcel to the state, but not exceeding the 
110.5   amount of expenses certified by the Pollution Control Agency or 
110.6   the commissioner of agriculture, must be apportioned to the 
110.7   agency or the commissioner of agriculture and deposited in the 
110.8   fund from which the expenses were paid; 
110.9      (4) the portion of the remainder required to discharge any 
110.10  special assessment chargeable against the parcel for drainage or 
110.11  other purpose whether due or deferred at the time of forfeiture, 
110.12  must be apportioned to the municipal subdivision entitled to it; 
110.13  and 
110.14     (5) any balance must be apportioned as follows: 
110.15     (i) The county board may annually by resolution set aside 
110.16  no more than 30 percent of the receipts remaining to be used for 
110.17  timber forest development on tax-forfeited land and dedicated 
110.18  memorial forests, to be expended under the supervision of the 
110.19  county board.  It must be expended only on projects approved by 
110.20  the commissioner of natural resources improving the health and 
110.21  management of the forest resource. 
110.22     (ii) The county board may annually by resolution set aside 
110.23  no more than 20 percent of the receipts remaining to be used for 
110.24  the acquisition and maintenance of county parks or recreational 
110.25  areas as defined in sections 398.31 to 398.36, to be expended 
110.26  under the supervision of the county board. 
110.27     (iii) Any balance remaining must be apportioned as 
110.28  follows:  county, 40 percent; town or city, 20 percent; and 
110.29  school district, 40 percent, provided, however, that in 
110.30  unorganized territory that portion which would have accrued to 
110.31  the township must be administered by the county board of 
110.32  commissioners. 
110.33     Sec. 123.  Minnesota Statutes 2004, section 282.38, 
110.34  subdivision 1, is amended to read: 
110.35     Subdivision 1.  [DEVELOPMENT.] In any county where the 
110.36  county board by proper resolution sets aside funds for timber 
111.1   forest development pursuant to section 282.08, 
111.2   clause (3)(a) (5), item (i), or section 459.06, subdivision 2, 
111.3   the Commission commissioner of Iron Range resources and 
111.4   rehabilitation with the approval of the board may upon request 
111.5   of the county board assist said county in carrying out any 
111.6   project for the long range development of its timber forest 
111.7   resources through matching of funds or otherwise, provided that 
111.8   any such project shall first be approved by the commissioner of 
111.9   natural resources. 
111.10     Sec. 124.  Minnesota Statutes 2004, section 296A.18, 
111.11  subdivision 2, is amended to read: 
111.12     Subd. 2.  [MOTORBOAT.] Approximately 1-1/2 percent of all 
111.13  gasoline received in this state and 1-1/2 percent of all 
111.14  gasoline produced or brought into this state, except gasoline 
111.15  used for aviation purposes, is being used as fuel for the 
111.16  operation of motorboats on the waters of this state and of the 
111.17  total revenue derived from the imposition of the gasoline fuel 
111.18  tax for uses other than for aviation purposes, 1-1/2 percent of 
111.19  such revenues the revenue is the amount of tax on fuel used in 
111.20  motorboats operated on the waters of this state.  The amount of 
111.21  unrefunded tax paid on gasoline used for motor boat purposes as 
111.22  computed in this chapter shall be paid into the state treasury 
111.23  and credited to a water recreation account in the special 
111.24  revenue fund for acquisition, development, maintenance, and 
111.25  rehabilitation of sites for public access and boating facilities 
111.26  on public waters; lake and river improvement; state park 
111.27  development; and boat and water safety. 
111.28     Sec. 125.  Minnesota Statutes 2004, section 462.357, 
111.29  subdivision 1e, is amended to read: 
111.30     Subd. 1e.  [NONCONFORMITIES.] (a) Any nonconformity, 
111.31  including the lawful use or occupation of land or premises 
111.32  existing at the time of the adoption of an additional control 
111.33  under this chapter, may be continued, including through repair, 
111.34  replacement, restoration, maintenance, or improvement, but not 
111.35  including expansion, unless: 
111.36     (1) the nonconformity or occupancy is discontinued for a 
112.1   period of more than one year; or 
112.2      (2) any nonconforming use is destroyed by fire or other 
112.3   peril to the extent of greater than 50 percent of its market 
112.4   value, and no building permit has been applied for within 180 
112.5   days of when the property is damaged.  In this case, a 
112.6   municipality may impose reasonable conditions upon a building 
112.7   permit in order to mitigate any newly created impact on adjacent 
112.8   property. 
112.9      (b) Any subsequent use or occupancy of the land or premises 
112.10  shall be a conforming use or occupancy.  A municipality may, by 
112.11  ordinance, permit an expansion or impose upon nonconformities 
112.12  reasonable regulations to prevent and abate nuisances and to 
112.13  protect the public health, welfare, or safety.  This subdivision 
112.14  does not prohibit a municipality from enforcing an ordinance 
112.15  that applies to adults-only bookstores, adults-only theaters, or 
112.16  similar adults-only businesses, as defined by ordinance. 
112.17     (c) Notwithstanding paragraph (a), a municipality shall 
112.18  regulate the repair, replacement, maintenance, improvement, or 
112.19  expansion of nonconforming uses and structures in floodplain 
112.20  areas to the extent necessary to maintain eligibility in the 
112.21  National Flood Insurance Program and not increase flood damage 
112.22  potential or increase the degree of obstruction to flood flows 
112.23  in the floodway. 
112.24     Sec. 126.  [473.1565] [METROPOLITAN AREA WATER SUPPLY 
112.25  PLANNING ACTIVITIES; ADVISORY COMMITTEE.] 
112.26     Subdivision 1.  [PLANNING ACTIVITIES.] (a) The Metropolitan 
112.27  Council must carry out planning activities addressing the water 
112.28  supply needs of the metropolitan area as defined in section 
112.29  473.121, subdivision 2.  The planning activities must include, 
112.30  at a minimum: 
112.31     (1) development and maintenance of a base of technical 
112.32  information needed for sound water supply decisions including 
112.33  surface and groundwater availability analyses, water demand 
112.34  projections, water withdrawal and use impact analyses, modeling, 
112.35  and similar studies; 
112.36     (2) development and periodic update of a metropolitan area 
113.1   master water supply plan that: 
113.2      (i) provides guidance for local water supply systems and 
113.3   future regional investments; 
113.4      (ii) emphasizes conservation, interjurisdictional 
113.5   cooperation, and long-term sustainability; and 
113.6      (iii) addresses the reliability, security, and 
113.7   cost-effectiveness of the metropolitan area water supply system 
113.8   and its local and subregional components; 
113.9      (3) recommendations for clarifying the appropriate roles 
113.10  and responsibilities of local, regional, and state government in 
113.11  metropolitan area water supply; 
113.12     (4) recommendations for streamlining and consolidating 
113.13  metropolitan area water supply decision-making and approval 
113.14  processes; and 
113.15     (5) recommendations for the ongoing and long-term funding 
113.16  of metropolitan area water supply planning activities and 
113.17  capital investments. 
113.18     (b) The council must carry out the planning activities in 
113.19  this subdivision in consultation with the metropolitan area 
113.20  water supply advisory committee established in subdivision 2. 
113.21     Subd. 2.  [ADVISORY COMMITTEE.] (a) A metropolitan area 
113.22  water supply advisory committee is established to assist the 
113.23  council in its planning activities in subdivision 1.  The 
113.24  advisory committee has the following membership: 
113.25     (1) the commissioner of agriculture or the commissioner's 
113.26  designee; 
113.27     (2) the commissioner of health or the commissioner's 
113.28  designee; 
113.29     (3) the commissioner of natural resources or the 
113.30  commissioner's designee; 
113.31     (4) the commissioner of the Pollution Control Agency or the 
113.32  commissioner's designee; 
113.33     (5) two officials of counties that are located in the 
113.34  metropolitan area, appointed by the governor; 
113.35     (6) six officials of noncounty local governmental units 
113.36  that are located in the metropolitan area, appointed by the 
114.1   governor; and 
114.2      (7) the chair of the Metropolitan Council or the chair's 
114.3   designee, who is chair of the advisory committee. 
114.4      (b) Members of the advisory committee appointed by the 
114.5   governor serve at the pleasure of the governor and their terms 
114.6   end with the term of the governor.  Members of the advisory 
114.7   committee serve without compensation but may be reimbursed for 
114.8   their reasonable expenses as determined by the Metropolitan 
114.9   Council.  The advisory committee does not expire until repealed 
114.10  by law. 
114.11     Subd. 3.  [REPORTS TO LEGISLATURE.] The council must submit 
114.12  reports to the legislature regarding its continuing planning 
114.13  activities under subdivision 1.  The first report must be 
114.14  submitted to the legislature by the date the legislature 
114.15  convenes in 2007 and subsequent reports must be submitted by 
114.16  such date every five years thereafter. 
114.17     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
114.18  following final enactment. 
114.19     Sec. 127.  Minnesota Statutes 2004, section 473.197, 
114.20  subdivision 4, is amended to read: 
114.21     Subd. 4.  [DEBT RESERVE; LEVY.] To provide money to pay 
114.22  debt service on bonds issued under the credit enhancement 
114.23  program if pledged revenues are insufficient to pay debt service 
114.24  in repealed subdivision 1 of Minnesota Statutes 2004, section 
114.25  473.197, the council must maintain a debt reserve fund in the 
114.26  manner and with the effect provided by section 118A.04 for 
114.27  public funds until the reserve is no longer pledged or otherwise 
114.28  needed to pay debt service on such bonds.  To provide funds for 
114.29  the debt reserve fund, the council may use up to $3,000,000 of 
114.30  the proceeds of solid waste bonds issued by the council under 
114.31  section 473.831 before its repeal.  To provide additional funds 
114.32  for the debt reserve fund, the council may levy a tax on all 
114.33  taxable property in the metropolitan area and must levy the tax 
114.34  If sums in the debt reserve fund are insufficient to cure any 
114.35  deficiency in the debt service fund established for the bonds, 
114.36  the council must levy a tax on all taxable property in the 
115.1   metropolitan area in the amount needed to liquidate the 
115.2   deficiency.  The tax authorized by this section does not affect 
115.3   the amount or rate of taxes that may be levied by the council 
115.4   for other purposes and is not subject to limit as to rate or 
115.5   amount. 
115.6      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
115.7   following final enactment. 
115.8      Sec. 128.  Laws 2003, chapter 128, article 1, section 9, 
115.9   subdivision 6, is amended to read: 
115.10  Subd. 6.  Recreation                   7,622,000      5,870,000 
115.11                Summary by Fund
115.12  Trust Fund            5,622,000     5,870,000
115.13  State Land and Conservation 
115.14  Account (LAWCON)      2,000,000
115.15  (a) State Park and Recreation Area Land 
115.16  Acquisition 
115.17  $750,000 the first year and $750,000 
115.18  the second year are from the trust fund 
115.19  to the commissioner of natural 
115.20  resources to acquire in-holdings for 
115.21  state park and recreation areas.  Land 
115.22  acquired with this appropriation must 
115.23  be sufficiently improved to meet at 
115.24  least minimum management standards as 
115.25  determined by the commissioner of 
115.26  natural resources.  This appropriation 
115.27  is available until June 30, 2006, at 
115.28  which time the project must be 
115.29  completed and final products delivered, 
115.30  unless an earlier date is specified in 
115.31  the work program. 
115.32  (b) LAWCON Federal Reimbursements 
115.33  $2,000,000 is from the state land and 
115.34  water conservation account (LAWCON) in 
115.35  the natural resources fund to the 
115.36  commissioner of natural resources for 
115.37  eligible state projects and 
115.38  administrative and planning activities 
115.39  consistent with Minnesota Statutes, 
115.40  section 116P.14, and the federal Land 
115.41  and Water Conservation Fund Act.  This 
115.42  appropriation is contingent upon 
115.43  receipt of the federal obligation and 
115.44  remains available until June 30, 2006, 
115.45  at which time the project must be 
115.46  completed and final products delivered, 
115.47  unless an earlier date is specified in 
115.48  the work program. 
115.49  (c) Local Initiative Grants-Parks and 
115.50  Natural Areas 
115.51  $1,290,000 the first year and 
115.52  $1,289,000 the second year are from the 
115.53  trust fund to the commissioner of 
116.1   natural resources for matching grants 
116.2   to local governments for acquisition 
116.3   and development of natural and scenic 
116.4   areas and local parks as provided in 
116.5   Minnesota Statutes, section 85.019, 
116.6   subdivisions 2 and 4a, and regional 
116.7   parks outside of the metropolitan 
116.8   area.  Grants may provide up to 50 
116.9   percent of the nonfederal share of the 
116.10  project cost, except nonmetropolitan 
116.11  regional park grants may provide up to 
116.12  60 percent of the nonfederal share of 
116.13  the project cost.  The commission will 
116.14  monitor the grants for approximate 
116.15  balance over extended periods of time 
116.16  between the metropolitan area, under 
116.17  Minnesota Statutes, section 473.121, 
116.18  subdivision 2, and the nonmetropolitan 
116.19  area through work program oversight and 
116.20  periodic allocation decisions.  For the 
116.21  purposes of this paragraph, the match 
116.22  must be a nonstate contribution, but 
116.23  may be either cash or qualifying 
116.24  in-kind.  Recipients may receive 
116.25  funding for more than one project in 
116.26  any given grant period.  This 
116.27  appropriation is available until June 
116.28  30, 2006, at which time the project 
116.29  must be completed and final products 
116.30  delivered. 
116.31  (d) Metropolitan Regional Parks 
116.32  Acquisition, Rehabilitation, and 
116.33  Development 
116.34  $1,670,000 the first year and 
116.35  $1,669,000 the second year are from the 
116.36  trust fund to the commissioner of 
116.37  natural resources for an agreement with 
116.38  the metropolitan council for subgrants 
116.39  for the acquisition, development, and 
116.40  rehabilitation in the metropolitan 
116.41  regional park system, consistent with 
116.42  the metropolitan council regional 
116.43  recreation open space capital 
116.44  improvement plan.  This appropriation 
116.45  may not be used for the purchase of 
116.46  residential structures.  This 
116.47  appropriation may be used to reimburse 
116.48  implementing agencies for acquisition 
116.49  of nonresidential property as expressly 
116.50  approved in the work program.  This 
116.51  appropriation is available until June 
116.52  30, 2006, at which time the project 
116.53  must be completed and final products 
116.54  delivered, unless an earlier date is 
116.55  specified in the work program.  In 
116.56  addition, if a project financed under 
116.57  this program receives a federal grant, 
116.58  the availability of the financing from 
116.59  this paragraph for that project is 
116.60  extended to equal the period of the 
116.61  federal grant. 
116.62  (e) Local and Regional Trail Grant 
116.63  Initiative Program 
116.64  $160,000 the first year and $160,000 
116.65  the second year are from the trust fund 
116.66  to the commissioner of natural 
116.67  resources to provide matching grants to 
117.1   local units of government for the cost 
117.2   of acquisition, development, 
117.3   engineering services, and enhancement 
117.4   of existing and new trail facilities.  
117.5   This appropriation is available until 
117.6   June 30, 2006, at which time the 
117.7   project must be completed and final 
117.8   products delivered, unless an earlier 
117.9   date is specified in the work program.  
117.10  In addition, if a project financed 
117.11  under this program receives a federal 
117.12  grant, the availability of the 
117.13  financing from this paragraph for that 
117.14  project is extended to equal the period 
117.15  of the federal grant.  
117.16  (f) Gitchi-Gami State Trail 
117.17  $650,000 the first year and $650,000 
117.18  the second year are from the trust fund 
117.19  to the commissioner of natural 
117.20  resources, in cooperation with the 
117.21  Gitchi-Gami Trail Association, for the 
117.22  third biennium, to design and construct 
117.23  approximately five miles of Gitchi-Gami 
117.24  state trail segments.  This 
117.25  appropriation must be matched by at 
117.26  least $400,000 of nonstate money.  The 
117.27  availability of the financing from this 
117.28  paragraph is extended to equal the 
117.29  period of any federal money received. 
117.30  (g) Water Recreation:  Boat Access, 
117.31  Fishing Piers, and Shore-fishing 
117.32  $450,000 the first year and $700,000 
117.33  the second year are from the trust fund 
117.34  to the commissioner of natural 
117.35  resources to acquire and develop public 
117.36  water access sites statewide, construct 
117.37  shore-fishing and pier sites, and 
117.38  restore shorelands at public accesses.  
117.39  This appropriation is available until 
117.40  June 30, 2006, at which time the 
117.41  project must be completed and final 
117.42  products delivered, unless an earlier 
117.43  date is specified in the work program. 
117.44  (h) Mesabi Trail 
117.45  $190,000 the first year and $190,000 
117.46  the second year are from the trust fund 
117.47  to the commissioner of natural 
117.48  resources for an agreement with St. 
117.49  Louis and Lake Counties Regional Rail 
117.50  Authority for the sixth biennium to 
117.51  acquire and develop segments of the 
117.52  Mesabi trail.  If a federal grant is 
117.53  received, the availability of the 
117.54  financing from this paragraph is 
117.55  extended to equal the period of the 
117.56  federal grant. 
117.57  (i) Linking Communities Design, 
117.58  Technology, and DNR Trail Resources 
117.59  $92,000 the first year and $92,000 the 
117.60  second year are from the trust fund to 
117.61  the commissioner of natural resources 
117.62  for an agreement with the University of 
117.63  Minnesota to provide designs for up to 
118.1   three state trails incorporating 
118.2   recreation, natural, and cultural 
118.3   features. 
118.4   (j) Ft. Ridgley Historic Site 
118.5   Interpretive Trail 
118.6   $75,000 the first year and $75,000 the 
118.7   second year are from the trust fund to 
118.8   the Minnesota historical society to 
118.9   construct a trail through the original 
118.10  fort site and install interpretive 
118.11  markers.  This appropriation is 
118.12  available until June 30, 2006, at which 
118.13  time the project must be completed and 
118.14  final products delivered, unless an 
118.15  earlier date is specified in the work 
118.16  program. 
118.17  (k) Development and Rehabilitation of 
118.18  Minnesota Shooting Ranges 
118.19  $120,000 the first year and $120,000 
118.20  the second year are from the trust fund 
118.21  to the commissioner of natural 
118.22  resources to provide technical 
118.23  assistance and matching cost-share 
118.24  grants to local recreational shooting 
118.25  and archery clubs for the purpose of 
118.26  developing or rehabilitating shooting 
118.27  and archery facilities for public use.  
118.28  Recipient facilities must be open to 
118.29  the general public at reasonable times 
118.30  and for a reasonable fee on a walk-in 
118.31  basis.  This appropriation is available 
118.32  until June 30, 2006, at which time the 
118.33  project must be completed and final 
118.34  products delivered, unless an earlier 
118.35  date is specified in the work program.  
118.36  (l) Land Acquisition, Minnesota 
118.37  Landscape Arboretum 
118.38  $175,000 the first year and $175,000 
118.39  the second year are from the trust fund 
118.40  to the University of Minnesota for an 
118.41  agreement with the University of 
118.42  Minnesota Landscape Arboretum 
118.43  Foundation for the fifth biennium to 
118.44  acquire in-holdings within the 
118.45  arboretum's boundary land from willing 
118.46  sellers.  This appropriation must be 
118.47  matched by an equal amount of nonstate 
118.48  money.  This appropriation is available 
118.49  until June 30, 2006, at which time the 
118.50  project must be completed and final 
118.51  products delivered, unless an earlier 
118.52  date is specified in the work program. 
118.53     Sec. 129.  [CONTINUATION OF AGREEMENTS.] 
118.54     An agreement entered into between the Metropolitan Council 
118.55  and a participant in the credit enhancement program under 
118.56  Minnesota Statutes 2004, section 473.197, subdivision 5, with 
118.57  respect to bonds issued prior to the effective date of this 
118.58  section, shall continue in effect in accordance with its terms; 
119.1   provided that no provision in the agreement shall be construed 
119.2   to require or allow the council to pledge its full faith and 
119.3   credit and taxing powers to the payment of additional bonds 
119.4   issued after the effective date of this section. 
119.5      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
119.6   following final enactment. 
119.7      Sec. 130.  [USE OF CREDIT ENHANCEMENT PROGRAM FUNDS.] 
119.8      The Metropolitan Council must transfer any funds 
119.9   originating from the proceeds of solid waste bonds and available 
119.10  for the credit enhancement program under Minnesota Statutes 
119.11  2004, section 473.197, subdivision 4, to the council's general 
119.12  fund to the extent that the funds are no longer pledged or 
119.13  otherwise needed by the council to maintain a debt reserve fund 
119.14  as provided for in ongoing Minnesota Statutes, section 473.197, 
119.15  subdivision 4.  The council must first use the transferred funds 
119.16  for carrying out the metropolitan area water supply planning 
119.17  activities required by Minnesota Statutes, section 473.1565, for 
119.18  staff support of the advisory committee established under that 
119.19  section, and for related purposes.  If the council determines 
119.20  that the transferred funds are no longer needed for those 
119.21  purposes, the council may use any of the funds for any general 
119.22  purposes of the council. 
119.23     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
119.24  following final enactment. 
119.25     Sec. 131.  [TRANSFER OF FUNDS; DEPOSIT OF REPAYMENTS.] 
119.26     The remaining balances in the revolving accounts in 
119.27  Minnesota Statutes, sections 41B.046 and 41B.049, that are 
119.28  dedicated to rural finance authority loan programs under those 
119.29  sections, are transferred to the revolving loan account 
119.30  established in Minnesota Statutes, section 41B.06, on the 
119.31  effective date of this section.  All future receipts from 
119.32  value-added agricultural product loans and methane digester 
119.33  loans originated under Minnesota Statutes, sections 41B.046 and 
119.34  41B.049, must be deposited in the revolving loan account 
119.35  established in Minnesota Statutes, section 41B.06. 
119.36     Sec. 132.  [REPEALER.] 
120.1      (a) Minnesota Statutes 2004, sections 18B.065, subdivision 
120.2   5; 19.64, subdivision 4a; 41B.046, subdivision 3; 84.901; and 
120.3   115B.49, subdivision 4a, are repealed. 
120.4      (b) Minnesota Statutes 2004, sections 473.156; and 473.197, 
120.5   subdivisions 1, 2, 3, and 5, are repealed effective the day 
120.6   following final enactment. 
120.7                              ARTICLE 2 
120.8                         ECONOMIC DEVELOPMENT
120.9   Section 1.  [ECONOMIC DEVELOPMENT APPROPRIATIONS.] 
120.10     The sums in the columns marked "APPROPRIATIONS" are added 
120.11  to, or, if shown in parentheses, are subtracted from the 
120.12  appropriations to the specified agencies in 2005 S.F. No. 1879, 
120.13  article 5, if enacted.  The appropriations are from the general 
120.14  fund, unless another fund is named, and are available for the 
120.15  fiscal year indicated for each purpose.  The figures "2006" and 
120.16  "2007," where used in this article, mean that the additions to 
120.17  or subtractions from the appropriations listed under them are 
120.18  for the fiscal year ending June 30, 2006, or June 30, 2007, 
120.19  respectively.  The "first year" is fiscal year 2006.  The 
120.20  "second year" is fiscal year 2007.  The "biennium" is fiscal 
120.21  years 2006 and 2007. 
120.22                          SUMMARY BY FUND
120.23                            2006          2007           TOTAL
120.24  General            $    9,188,000 $    2,713,000 $   11,901,000
120.25  Workers'  
120.26  Compensation               25,000         25,000         50,000
120.27  Workforce  
120.28  Development             5,000,000      7,950,000     12,950,000
120.29  Special Revenue           643,000        848,000      1,491,000
120.30  TOTAL              $   14,856,000 $   11,536,000 $   26,392,000
120.31                                             APPROPRIATIONS 
120.32                                         Available for the Year 
120.33                                             Ending June 30 
120.34                                            2006         2007 
120.35  Sec. 2.  EMPLOYMENT AND      
120.36  ECONOMIC DEVELOPMENT
120.37  Subdivision 1.  Total 
120.38  Appropriation                     $   12,078,000 $    6,558,000
120.39                Summary by Fund
121.1   General               7,935,000       460,000
121.2   Workforce
121.3   Development           2,750,000     4,500,000
121.4   Special
121.5   Revenue                 643,000       848,000
121.6   The amounts that may be spent from this 
121.7   appropriation for each program are 
121.8   specified in the following subdivisions.
121.9   Subd. 2.  Business and Community 
121.10  Development                           
121.11       7,930,000        455,000
121.12  $7,000,000 the first year is for the 
121.13  direct and indirect expenses of the 
121.14  collaborative research partnership 
121.15  between the University of Minnesota and 
121.16  the Mayo Foundation for research in 
121.17  biotechnology and medical genomics.  
121.18  This is a onetime appropriation.  An 
121.19  annual report on the expenditure of 
121.20  this appropriation must be submitted to 
121.21  the governor and the chairs of the 
121.22  senate Higher Education Budget 
121.23  Division, the house of representatives 
121.24  Higher Education Finance Committee, the 
121.25  senate Environment, Agriculture, and 
121.26  Economic Development Budget Division, 
121.27  and the house of representatives Jobs 
121.28  and Economic Opportunity Policy and 
121.29  Finance Committee, by June 30 of each 
121.30  fiscal year until the appropriation is 
121.31  expended.  This appropriation is 
121.32  available until expended. 
121.33  $100,000 the first year and $100,000 
121.34  the second year are to help small 
121.35  businesses access federal funds through 
121.36  the federal Small Business Innovation 
121.37  Research Program and the federal Small 
121.38  Business Technology Transfer Program.  
121.39  Department services must include 
121.40  maintaining connections to 11 federal 
121.41  programs, assessment of specific 
121.42  funding opportunities, review of 
121.43  funding proposals, referral to specific 
121.44  consulting services, and training 
121.45  workshops throughout the state.  The 
121.46  appropriation is added to the agency's 
121.47  base.  The department must implement 
121.48  fees for services that help companies 
121.49  seek federal Phase II Small Business 
121.50  Innovation Research grants.  The 
121.51  recommended fee schedule must be 
121.52  reported to the chairs of the house of 
121.53  representatives finance committee and 
121.54  senate budget division with 
121.55  jurisdiction over economic development 
121.56  by February 1, 2006. 
121.57  $50,000 the first year and $50,000 the 
121.58  second year are for a grant to the 
121.59  Minnesota Inventors Congress. 
121.60  $250,000 the first year and $250,000 
121.61  the second year are to establish a 
121.62  methamphetamine laboratory cleanup 
122.1   revolving loan fund pursuant to 
122.2   proposed Minnesota Statutes, section 
122.3   446A.083.  This appropriation is 
122.4   available until spent. 
122.5   $125,000 the first year is for a grant 
122.6   to the Northwest Regional Development 
122.7   Commission at Warren to do field 
122.8   research on the planting and production 
122.9   of cold-hardy grape cultivars.  This is 
122.10  a onetime appropriation and is 
122.11  available until expended. 
122.12  This vineyard production research 
122.13  project is to select cold-hardy 
122.14  cultivars and cultural practices that 
122.15  can diversify the agricultural 
122.16  landscape of Minnesota and stimulate 
122.17  economic development with subsequent 
122.18  expansion into value-added businesses 
122.19  and the winery industry.  Treatments 
122.20  used in this research project must 
122.21  focus on development of cultural and 
122.22  management practices that include 
122.23  trials on planting depths, vine root 
122.24  care, cultivation techniques, mulching, 
122.25  and other methods that will enhance 
122.26  productivity and winter survival in 
122.27  subzero temperatures. 
122.28  An annual report is required, including 
122.29  an economic assessment that compares 
122.30  the input requirements and feasibility 
122.31  of each overwintering technique and its 
122.32  contribution to the success of the 
122.33  vines.  The report must be submitted to 
122.34  the chairs of the house of 
122.35  representatives and senate policy 
122.36  committees with jurisdiction over 
122.37  agriculture.  The Northwest Regional 
122.38  Development Commission is encouraged to 
122.39  work with the University of Minnesota 
122.40  and the North Dakota State University 
122.41  experiment stations and on-farm sites 
122.42  to evaluate the suitability of 
122.43  regionally developed grape cultivars in 
122.44  areas of harsh winters and short 
122.45  growing seasons. 
122.46  $55,000 the first year and $55,000 the 
122.47  second year are for a grant to the 
122.48  Metropolitan Economic Development 
122.49  Association for continuing minority 
122.50  business development programs in the 
122.51  metropolitan area.  These programs 
122.52  include one-on-one business consulting, 
122.53  marketing assistance, providing and 
122.54  arranging financing, and training and 
122.55  leadership development.  These 
122.56  appropriations are part of the 
122.57  department's budget base. 
122.58  $250,000 the first year is for a grant 
122.59  to the Blandin Foundation for the "get 
122.60  broadband" program.  This appropriation 
122.61  must be matched equally by nonstate 
122.62  funds and is available until expended.  
122.63  Expenditures made by the Blandin 
122.64  Foundation beginning December 1, 2004, 
122.65  may be used as match for this 
122.66  appropriation.  The "get broadband" 
123.1   program must be designed to increase 
123.2   the use of broadband-based technologies 
123.3   by businesses, schools, health care 
123.4   organizations, government 
123.5   organizations, and the general public. 
123.6   $100,000 the first year is for a grant 
123.7   to the Children's Discovery Museum for 
123.8   furnishing and equipping the new 
123.9   Children's Discovery Museum in Grand 
123.10  Rapids. 
123.11  Subd. 3.  Workforce Partnerships     
123.12       3,398,000      5,353,000
123.13                Summary by Fund
123.14  General                   5,000         5,000
123.15  Workforce
123.16  Development           2,750,000     4,500,000
123.17  Special Revenue         643,000       848,000
123.18  $1,000,000 the first year and 
123.19  $2,000,000 the second year are from the 
123.20  workforce development fund for a grant 
123.21  to the Minnesota Alliance of Boys and 
123.22  Girls Clubs to administer a statewide 
123.23  project of youth job skills 
123.24  development.  This project, which may 
123.25  have career guidance components, is to 
123.26  encourage, train, and assist youth in 
123.27  job-seeking skills, workplace 
123.28  orientation, and job-site knowledge 
123.29  through coaching.  This grant requires 
123.30  a 25 percent match from nonstate 
123.31  resources. 
123.32  $5,000 the first year and $5,000 the 
123.33  second year are for a grant to the 
123.34  Northwest Regional Curfew Center under 
123.35  the youth intervention program in 
123.36  Minnesota Statutes, section 116L.30. 
123.37  $500,000 the first year and $500,000 
123.38  the second year are from the workforce 
123.39  development fund for a grant to the 
123.40  Minnesota Opportunities 
123.41  Industrialization Centers State 
123.42  Council.  The grant shall be used by 
123.43  the American Indian Opportunities 
123.44  Industrialization Centers of 
123.45  Minneapolis, and the Northwestern 
123.46  Opportunities Industrialization Centers 
123.47  of Bemidji, to provide training to 
123.48  American Indians on personal financial 
123.49  management and investment and to become 
123.50  small businesspersons.  The 
123.51  opportunities industrialization centers 
123.52  may contract with any accredited state 
123.53  or private educational institution to 
123.54  deliver training.  This appropriation 
123.55  is in addition to the base level 
123.56  funding and shall become part of the 
123.57  agency's budget base. 
123.58  $500,000 the first year and $1,000,000 
123.59  the second year are from the workforce 
123.60  development fund for a grant to the 
124.1   Minnesota Opportunity Industrialization 
124.2   Centers State Council.  The grant shall 
124.3   be used to initiate and expand health 
124.4   occupation training at Minnesota 
124.5   Opportunity Industrialization Centers.  
124.6   The grant shall be distributed evenly 
124.7   among those Minnesota Opportunity 
124.8   Industrialization Centers that have 
124.9   plans to either initiate or expand 
124.10  health occupations and career ladder 
124.11  training programs for individuals 
124.12  seeking employment as nurses, nursing 
124.13  assistants, home health aides, 
124.14  phlebotomists, or in the field of 
124.15  medical coding.  This appropriation is 
124.16  in addition to the base level funding 
124.17  and shall become part of the agency's 
124.18  budget base. 
124.19  Notwithstanding 2005 S.F. No. 1879, 
124.20  article 7, section 2, subdivision 3, 
124.21  paragraph (d), if enacted, of the total 
124.22  appropriation in that subdivision, plus 
124.23  this subdivision, $843,000 the first 
124.24  year and $1,048,000 the second year are 
124.25  for displaced homemaker programs under 
124.26  Minnesota Statutes, section 116L.96.  
124.27  These appropriations are from the 
124.28  special revenue fund and are part of 
124.29  agency budget base.  The commissioner 
124.30  of economic security shall report to 
124.31  the legislature by February 15, 2007, 
124.32  on the outcome of grants under this 
124.33  paragraph. 
124.34  $750,000 the first year is from the 
124.35  workforce development fund for a grant 
124.36  to provide training to implement the 
124.37  Ford Motor Company Ford Production 
124.38  System at the Twin Cities Ford Assembly 
124.39  Plant. 
124.40  $500,000 the first year and $1,500,000 
124.41  the second year are from the workforce 
124.42  development fund for youth intervention 
124.43  programs under Minnesota Statutes, 
124.44  section 116L.30.  This funding must be 
124.45  used to help existing programs serve 
124.46  unmet needs in their communities, and 
124.47  to create new programs in underserved 
124.48  areas of the state.  This appropriation 
124.49  is part of the department's budget 
124.50  base.  The appropriations are available 
124.51  until expended. 
124.52  $8,500 in the first year and $8,500 in 
124.53  the second year are from the 
124.54  department's base for a grant to the 
124.55  Twin Cities Community Voice Mail to 
124.56  maintain the toll-free telephone number 
124.57  for the Greater Minnesota Project.  The 
124.58  commissioner must ensure that the 
124.59  telephone number is not changed for the 
124.60  2006-2007 biennium. 
124.61  $250,000 the first year and $250,000 
124.62  the second year are from the workforce 
124.63  development fund for a grant to 
124.64  Lifetrack Resources for its immigrant 
124.65  and refugee collaborative programs, 
124.66  including those related to job-seeking 
125.1   skills and workplace orientation, 
125.2   intensive job development, functional 
125.3   work English, and on-site job coaching. 
125.4   Subd. 4.  Workforce Services 
125.5          750,000        750,000
125.6   $400,000 the first year and $400,000 
125.7   the second year are from the workforce 
125.8   development fund for extended 
125.9   employment services for persons with 
125.10  severe disabilities or related 
125.11  conditions under Minnesota Statutes, 
125.12  section 268A.15. 
125.13  $150,000 the first year and $150,000 
125.14  the second year are from the workforce 
125.15  development fund for grants to the 
125.16  Minnesota Employment Center for people 
125.17  who are deaf or hard-of-hearing.  Money 
125.18  not expended the first year is 
125.19  available the second year. 
125.20  $200,000 the first year and $200,000 
125.21  the second year are from the workforce 
125.22  development fund for grants for 
125.23  programs that provide employment 
125.24  support services to persons with mental 
125.25  illness under Minnesota Statutes, 
125.26  sections 268A.13 and 268A.14.  Of the 
125.27  total appropriations for this program, 
125.28  up to $84,000 each year may be used for 
125.29  administrative and salary expenses. 
125.30  Sec. 3.  MINNESOTA CONSERVATION CORPS   1,200,000      2,400,000
125.31  This appropriation is from the 
125.32  workforce development fund for the 
125.33  purposes of Minnesota Statutes, section 
125.34  84.991. 
125.35  Sec. 4.  EXPLORE MINNESOTA TOURISM        125,000      1,125,000
125.36  Notwithstanding 2005 S.F. No. 1879, 
125.37  article 7, section 3, if enacted, the 
125.38  appropriation in that section, plus the 
125.39  appropriation in this section, must be 
125.40  spent as provided in this section. 
125.41  $1,000,000 in the second year is to 
125.42  enhance the public/private funding 
125.43  partnership.  To develop maximum 
125.44  private sector involvement in tourism, 
125.45  $4,000,000 the first year and 
125.46  $4,000,000 the second year of the 
125.47  amounts appropriated for marketing 
125.48  activities are contingent upon receipt 
125.49  of an equal contribution from nonstate 
125.50  sources that have been certified by the 
125.51  director.  Up to one-half of the match 
125.52  may be given in in-kind contributions. 
125.53  In order to maximize marketing grant 
125.54  benefits, the director must give 
125.55  priority for joint venture marketing 
125.56  grants to organizations with year-round 
125.57  sustained tourism activities.  For 
125.58  programs and projects submitted, the 
125.59  director must give priority to those 
125.60  that encompass two or more areas or 
126.1   that attract nonresident travelers to 
126.2   the state. 
126.3   If an appropriation for either year for 
126.4   grants is not sufficient, the 
126.5   appropriation for the other year is 
126.6   available for it. 
126.7   The director may use grant dollars or 
126.8   the value of in-kind services to 
126.9   provide the state contribution for the 
126.10  partnership program. 
126.11  Any unexpended money from general fund 
126.12  appropriations governed by this section 
126.13  does not cancel but must be placed in a 
126.14  special advertising account for use by 
126.15  Explore Minnesota Tourism to purchase 
126.16  additional media. 
126.17  $125,000 the first year and $125,000 
126.18  the second year of the appropriation in 
126.19  this section are for the Minnesota Film 
126.20  Board.  The appropriation in each year 
126.21  is available only upon receipt by the 
126.22  board of $1 in matching contributions 
126.23  of money or in kind from nonstate 
126.24  sources for every $3 provided by this 
126.25  appropriation.  
126.26  Sec. 5.  HOUSING FINANCE AGENCY  
126.27  As provided in Minnesota Statutes, 
126.28  section 462A.20, subdivision 3, the 
126.29  agency may transfer unencumbered 
126.30  balances from one appropriated account 
126.31  to another as necessary to implement 
126.32  the business plan of the working group 
126.33  on long-term homelessness established 
126.34  in Laws 2003, chapter 128, article 15, 
126.35  section 9. 
126.36  The agency shall establish a priority 
126.37  for supportive housing projects that 
126.38  provide employment support and housing 
126.39  for offenders who are discharged from a 
126.40  correctional or detention facility.  Up 
126.41  to $1,400,000 of the appropriation to 
126.42  the housing trust fund in 2005 S.F. No. 
126.43  1879, if enacted, shall be awarded to 
126.44  projects that address this priority and 
126.45  the greatest number of priorities 
126.46  established under the rules governing 
126.47  the housing trust fund program. 
126.48  Sec. 6.  LABOR AND INDUSTRY                                     
126.49  Subdivision 1.  Total           
126.50  Appropriation                            703,000        703,000
126.51                Summary by Fund
126.52  General                 378,000       378,000
126.53  Workers'     
126.54  Compensation             25,000        25,000
126.55  Workforce 
126.56  Development             300,000       300,000
126.57  The amounts that may be spent from this 
127.1   appropriation for each program are 
127.2   specified in the following subdivisions.
127.3   Subd. 2.  Workers' Compensation 
127.4           25,000         25,000 
127.5   This appropriation is from the workers' 
127.6   compensation fund for grants to the 
127.7   Vinland Center for rehabilitation 
127.8   service.  These grants include the 
127.9   Vinland employment program and must 
127.10  address multiple barriers to 
127.11  employment, a self-sufficiency 
127.12  lifestyle, and physical, mental, 
127.13  emotional, or cognitive work injuries 
127.14  or disabilities.  This appropriation is 
127.15  part of the budget base for the 
127.16  Department of Labor and Industry. 
127.17  Subd. 3.  Workplace Services
127.18        678,000         678,000
127.19                Summary by Fund
127.20  General                 378,000       378,000
127.21  Workforce    
127.22  Development             300,000       300,000
127.23  $378,000 the first year and $378,000 
127.24  the second year are to improve the 
127.25  regulatory enforcement and safety of 
127.26  boilers and high-pressure-piping 
127.27  systems. 
127.28  $300,000 each year is from the 
127.29  workforce development fund for the 
127.30  apprenticeship program under Minnesota 
127.31  Statutes, chapter 178. 
127.32  The annual license fees authorized 
127.33  under Minnesota Statutes, section 
127.34  326.48, and detailed in Minnesota 
127.35  Rules, part 5230.0100, subpart 3, shall 
127.36  increase $20 for a journeyman 
127.37  high-pressure piping pipefitter 
127.38  license, $20 for a high-pressure piping 
127.39  contracting pipefitter, $10 for an 
127.40  inactive license, and $100 for a 
127.41  high-pressure pipefitting business 
127.42  license. 
127.43  The permit filing and inspection fees 
127.44  authorized under Minnesota Statutes, 
127.45  section 326.47, and detailed in 
127.46  Minnesota Rules, part 5230.0100, 
127.47  subpart 4, shall be increased as 
127.48  follows:  the filing of a permit 
127.49  application shall be increased $50, the 
127.50  minimum high-pressure piping inspection 
127.51  fee shall be increased $50, and the 
127.52  schedule of inspection fee rates shall 
127.53  be increased by ten percent. 
127.54  Subd. 4.  General Support 
127.55  The commissioner of labor and industry 
127.56  shall report to the 2006 legislature on 
127.57  the safety and education program for 
128.1   Minnesota loggers under Minnesota 
128.2   Statutes, section 176.130. 
128.3   Sec. 7.  MINNESOTA HISTORICAL 
128.4   SOCIETY                                  750,000        750,000
128.5   $75,000 the first year and $75,000 the 
128.6   second year are to assist the Minnesota 
128.7   Sesquicentennial Commission for 
128.8   planning and support of its mission. 
128.9   This is a onetime appropriation and is 
128.10  available until January 30, 2009. 
128.11  $675,000 the first year and $675,000 
128.12  the second year are to operate historic 
128.13  sites including:  Kelley Farm, Hill 
128.14  House, Lower Sioux Agency, Fort 
128.15  Ridgely, Historic Forestville, the 
128.16  Forest History Center, and the Comstock 
128.17  House.  Funding for these sites must be 
128.18  matched on a $1 of nonstate money to $1 
128.19  of state money basis.  This 
128.20  appropriation is in addition to any 
128.21  other appropriation and is part of the 
128.22  Minnesota Historical Society's budget 
128.23  base. 
128.24     Sec. 8.  Minnesota Statutes 2004, section 11A.24, 
128.25  subdivision 6, is amended to read: 
128.26     Subd. 6.  [OTHER INVESTMENTS.] (a) In addition to the 
128.27  investments authorized in subdivisions 1 to 5, and subject to 
128.28  the provisions in paragraph (b), the state board may invest 
128.29  funds in:  
128.30     (1) venture capital investment businesses through 
128.31  participation in limited partnerships, trusts, private 
128.32  placements, limited liability corporations, limited liability 
128.33  companies, limited liability partnerships, and corporations; 
128.34     (2) real estate ownership interests or loans secured by 
128.35  mortgages or deeds of trust or shares of real estate investment 
128.36  trusts through investment in limited partnerships, bank 
128.37  sponsored collective funds, trusts, mortgage participation 
128.38  agreements, and insurance company commingled accounts, including 
128.39  separate accounts; 
128.40     (3) regional and mutual funds through bank sponsored 
128.41  collective funds and open-end investment companies registered 
128.42  under the Federal Investment Company Act of 1940, and closed-end 
128.43  mutual funds listed on an exchange regulated by a governmental 
128.44  agency; 
128.45     (4) resource investments through limited partnerships, 
129.1   trusts, private placements, limited liability corporations, 
129.2   limited liability companies, limited liability partnerships, and 
129.3   corporations; and 
129.4      (5) international securities. 
129.5      (b) The investments authorized in paragraph (a) must 
129.6   conform to the following provisions:  
129.7      (1) the aggregate value of all investments made according 
129.8   to paragraph (a), clauses (1) to (4), may not exceed 35 percent 
129.9   of the market value of the fund for which the state board is 
129.10  investing; 
129.11     (2) there must be at least four unrelated owners of the 
129.12  investment other than the state board for investments made under 
129.13  paragraph (a), clause (1), (2), (3), or (4); 
129.14     (3) state board participation in an investment vehicle is 
129.15  limited to 20 percent thereof for investments made under 
129.16  paragraph (a), clause (1), (2), (3), or (4); and 
129.17     (4) state board participation in a limited partnership does 
129.18  not include a general partnership interest or other interest 
129.19  involving general liability.  The state board may not engage in 
129.20  any activity as a limited partner which creates general 
129.21  liability.  
129.22     (c) All financial or proprietary data received, prepared, 
129.23  used, or retained by the state board in connection with 
129.24  investments authorized by paragraph (a), clause (1), (2), or 
129.25  (4), are nonpublic data under section 13.02, subdivision 9.  As 
129.26  used in this paragraph, "financial or proprietary data" means 
129.27  information, as determined by the executive director, that is of 
129.28  a financial or proprietary nature, the release of which could 
129.29  cause competitive harm to the state board, the legal entity in 
129.30  which the state board has invested or has considered an 
129.31  investment, the managing entity of an investment, or a portfolio 
129.32  company in which the legal entity holds an interest.  Regardless 
129.33  of whether they could be considered financial or proprietary 
129.34  data, the following data received, prepared, used, or retained 
129.35  by the state board in connection with investments authorized by 
129.36  paragraph (a), clause (1), (2), or (4), are public at all times: 
130.1      (1) the name and industry group classification of the legal 
130.2   entity in which the state board has invested or in which the 
130.3   state board has considered an investment; 
130.4      (2) the state board commitment amount, if any; 
130.5      (3) the funded amount of the state board's commitment to 
130.6   date, if any; 
130.7      (4) the market value of the investment by the state board; 
130.8      (5) the state board's internal rate of return for the 
130.9   investment, including expenditures and receipts used in the 
130.10  calculation of the investment's internal rate of return; and 
130.11     (6) the age of the investment in years. 
130.12     Sec. 9.  Minnesota Statutes 2004, section 13.635, is 
130.13  amended by adding a subdivision to read: 
130.14     Subd. 1a.  [STATE BOARD OF INVESTMENT.] Certain government 
130.15  data of the State Board of Investment related to venture capital 
130.16  investments are classified under section 11A.24, subdivision 6. 
130.17     Sec. 10.  Minnesota Statutes 2004, section 41A.09, 
130.18  subdivision 2a, is amended to read: 
130.19     Subd. 2a.  [DEFINITIONS.] For the purposes of this section, 
130.20  the terms defined in this subdivision have the meanings given 
130.21  them. 
130.22     (a) "Ethanol" means fermentation ethyl alcohol derived from 
130.23  agricultural products, including potatoes, cereal grains, cheese 
130.24  whey, and sugar beets; forest products; or other renewable 
130.25  resources, including residue and waste generated from the 
130.26  production, processing, and marketing of agricultural products, 
130.27  forest products, and other renewable resources, that: 
130.28     (1) meets all of the specifications in ASTM specification 
130.29  D4806-01 D4806-04a; and 
130.30     (2) is denatured as specified in Code of Federal 
130.31  Regulations, title 27, parts 20 and 21. 
130.32     (b) "Ethanol plant" means a plant at which ethanol is 
130.33  produced. 
130.34     (c) "Commissioner" means the commissioner of agriculture. 
130.35     Sec. 11.  [45.22] [LICENSE EDUCATION.] 
130.36     The following fees must be paid to the commissioner: 
131.1      (1) initial course approval, $10 for each hour or fraction 
131.2   of one hour of education course approval sought.  Initial course 
131.3   approval expires on the last day of the 24th month after the 
131.4   course is approved; 
131.5      (2) renewal of course approval, $10 per course.  Renewal of 
131.6   course approval expires on the last day of the 24th month after 
131.7   the course is renewed; 
131.8      (3) initial coordinator approval, $100.  Initial 
131.9   coordinator approval expires on the last day of the 24th month 
131.10  after the coordinator is approved; and 
131.11     (4) renewal of coordinator approval, $10.  Renewal of 
131.12  coordinator approval expires on the last day of the 24th month 
131.13  after the coordinator is renewed. 
131.14     Sec. 12.  [59B.01] [SCOPE AND PURPOSE.] 
131.15     (a) The purpose of this chapter is to create a legal 
131.16  framework within which service contracts may be sold in this 
131.17  state. 
131.18     (b) The following are exempt from this chapter: 
131.19     (1) warranties; 
131.20     (2) maintenance agreements; 
131.21     (3) warranties, service contracts, or maintenance 
131.22  agreements offered by public utilities, as defined in section 
131.23  216B.02, subdivision 4, or an entity or operating unit owned by 
131.24  or under common control with a public utility; 
131.25     (4) service contracts sold or offered for sale to persons 
131.26  other than consumers; 
131.27     (5) service contracts on tangible property where the 
131.28  tangible property for which the service contract is sold has a 
131.29  purchase price of $250 or less, exclusive of sales tax; 
131.30     (6) motor vehicle service contracts as defined in section 
131.31  65B.29, subdivision 1, paragraph (1); 
131.32     (7) service contracts for home security equipment installed 
131.33  by a licensed technology systems contractor; and 
131.34     (8) motor club membership contracts that typically provide 
131.35  roadside assistance services to motorists stranded for reasons 
131.36  that include, but are not limited to, mechanical breakdown or 
132.1   adverse road conditions.  
132.2      (c) The types of agreements referred to in paragraph (b) 
132.3   are not subject to chapters 60A to 79A, except as otherwise 
132.4   specifically provided by law. 
132.5      Sec. 13.  [59B.02] [DEFINITIONS.] 
132.6      Subdivision 1.  [TERMS.] For the purposes of this chapter, 
132.7   the terms defined in this section have the meanings given them. 
132.8      Subd. 2.  [ADMINISTRATOR.] "Administrator" means the person 
132.9   who is responsible for the administration of the service 
132.10  contracts or the service contracts plan or who is responsible 
132.11  for any filings required by this chapter.  
132.12     Subd. 3.  [COMMISSIONER.] "Commissioner" means the 
132.13  commissioner of commerce. 
132.14     Subd. 4.  [CONSUMER.] "Consumer" means a natural person who 
132.15  buys, other than for purposes of resale, any tangible personal 
132.16  property that is distributed in commerce and that is normally 
132.17  used for personal, family, or household purposes and not for 
132.18  business or research purposes. 
132.19     Subd. 5.  [MAINTENANCE AGREEMENT.] "Maintenance agreement" 
132.20  means a contract of limited duration that provides for scheduled 
132.21  maintenance only. 
132.22     Subd. 6.  [PERSON.] "Person" means an individual, 
132.23  partnership, corporation, incorporated or unincorporated 
132.24  association, joint stock company, reciprocal, syndicate, or any 
132.25  similar entity or combination of entities acting in concert. 
132.26     Subd. 7.  [PREMIUM.] "Premium" means the consideration paid 
132.27  to an insurer for a reimbursement insurance policy. 
132.28     Subd. 8.  [PROVIDER.] "Provider" means a person who is 
132.29  contractually obligated to the service contract holder under the 
132.30  terms of the service contract. 
132.31     Subd. 9.  [PROVIDER FEE.] "Provider fee" means the 
132.32  consideration paid for a service contract. 
132.33     Subd. 10.  [REIMBURSEMENT INSURANCE POLICY.] "Reimbursement 
132.34  insurance policy" means a policy of insurance issued to a 
132.35  provider to either provide reimbursement to the provider under 
132.36  the terms of the insured service contracts issued or sold by the 
133.1   provider or, in the event of the provider's nonperformance, to 
133.2   pay on behalf of the provider all covered contractual 
133.3   obligations incurred by the provider under the terms of the 
133.4   insured service contracts issued or sold by the provider. 
133.5      Subd. 11.  [SERVICE CONTRACT.] "Service contract" means a 
133.6   contract or agreement for a separately stated consideration for 
133.7   a specific duration to perform the repair, replacement, or 
133.8   maintenance of property or indemnification for repair, 
133.9   replacement, or maintenance, for the operational or structural 
133.10  failure due to a defect in materials, workmanship, or normal 
133.11  wear and tear, with or without additional provisions for 
133.12  incidental payment of indemnity under limited circumstances. 
133.13  Service contracts may provide for the repair, replacement, or 
133.14  maintenance of property for damage resulting from power surges 
133.15  and accidental damage from handling. 
133.16     Subd. 12.  [SERVICE CONTRACT HOLDER OR CONTRACT 
133.17  HOLDER.] "Service contract holder" or "contract holder" means a 
133.18  person who is the purchaser or holder of a service contract. 
133.19     Subd. 13.  [WARRANTY.] "Warranty" means a warranty made 
133.20  solely by the manufacturer, importer, or seller of property or 
133.21  services without consideration, that is not negotiated or 
133.22  separated from the sale of the product, and is incidental to the 
133.23  sale of the product, that guarantees indemnity for defective 
133.24  parts, mechanical or electrical breakdown, labor, or other 
133.25  remedial measures, such as repair or replacement of the property 
133.26  or repetition of services. 
133.27     Sec. 14.  [59B.03] [REQUIREMENTS FOR TRANSACTING BUSINESS.] 
133.28     Subdivision 1.  [APPOINTMENT OF ADMINISTRATOR.] A provider 
133.29  may, but is not required to, appoint an administrator or other 
133.30  designee to be responsible for any or all of the administration 
133.31  of service contracts and compliance with this chapter. 
133.32     Subd. 2.  [CONTRACT COPIES AND RECEIPTS.] Service contracts 
133.33  must not be issued, sold, or offered for sale in this state 
133.34  unless the provider has: 
133.35     (1) provided a receipt for, or other written evidence of, 
133.36  the purchase of the service contract to the contract holder; 
134.1      (2) provided a copy of the service contract to the service 
134.2   contract holder within a reasonable period of time from the date 
134.3   of purchase; and 
134.4      (3) complied with this chapter. 
134.5      Subd. 3.  [REGISTRATION.] Each provider of service 
134.6   contracts sold in this state shall file a registration with the 
134.7   commissioner on a form prescribed by the commissioner.  Each 
134.8   provider shall pay to the commissioner a fee in the amount of 
134.9   $200 annually. 
134.10     Subd. 4.  [FINANCIAL REQUIREMENTS.] In order to ensure the 
134.11  faithful performance of a provider's obligations to its contract 
134.12  holders, each provider is responsible for complying with the 
134.13  requirements of one of the following: 
134.14     (1) insure all service contracts under a reimbursement 
134.15  insurance policy issued by an insurer authorized to transact 
134.16  insurance in this state, a risk retention group, as that term is 
134.17  defined in United States Code, title 15, section 3901(A)(4), as 
134.18  long as that risk retention group is registered pursuant to 
134.19  section 60E.03 or 60E.04 as applicable, and is in full 
134.20  compliance with the federal Liability Risk Retention Act of 
134.21  1986, United States Code, title 15, section 3901, et al., or 
134.22  issued pursuant to sections 60A.195 to 60A.209, and either: 
134.23     (i) the insurer or risk retention group shall, at the time 
134.24  the policy is filed with the commissioner, and continuously 
134.25  thereafter, maintain surplus as to policyholders and paid-in 
134.26  capital of at least $15,000,000, and annually file audited 
134.27  financial statements with the commissioner; or 
134.28     (ii) the commissioner may authorize an insurer or risk 
134.29  retention group that has surplus as to policyholders and paid-in 
134.30  capital of less than $15,000,000 but at least equal to 
134.31  $10,000,000 to issue the insurance required by this section if 
134.32  the insurer or risk retention group demonstrates to the 
134.33  satisfaction of the commissioner that the company maintains a 
134.34  ratio of direct written premiums, wherever written, to surplus 
134.35  as to policyholders and paid-in capital of not greater than 
134.36  3-to-1; or 
135.1      (2)(i) maintain a funded reserve account for obligations 
135.2   under contracts issued and outstanding in this state.  The 
135.3   reserves must not be less than 40 percent of gross consideration 
135.4   received, less claims paid, on the sale of the service contract 
135.5   for all in-force contracts.  The reserve account is subject to 
135.6   examination and review by the commissioner; and 
135.7      (ii) place in trust with the commissioner a financial 
135.8   security deposit, having a value of not less than five percent 
135.9   of the gross consideration received, less claims paid, on the 
135.10  sale of the service contract for all service contracts issued 
135.11  and in force, but not less than $25,000, consisting of one of 
135.12  the following: 
135.13     (A) a surety bond issued by an authorized surety; 
135.14     (B) securities of the type eligible for deposit by 
135.15  authorized insurers in this state; 
135.16     (C) cash; 
135.17     (D) a letter of credit issued by a qualified financial 
135.18  institution containing an evergreen clause which prevents the 
135.19  expiration of the letter without due notice from the issuer; or 
135.20     (E) another form of security prescribed by rules of the 
135.21  commissioner; or 
135.22     (3)(i) maintain, or its parent company maintain, a net 
135.23  worth or stockholders' equity of $100,000,000; and 
135.24     (ii) upon request, provide the commissioner with a copy of 
135.25  the provider's or the provider's parent company's most recent 
135.26  Form 10-K or Form 20-F filed with the Securities and Exchange 
135.27  Commission (SEC) within the last calendar year, or if the 
135.28  company does not file with the SEC, a copy of the company's 
135.29  audited financial statements, which shows a net worth of the 
135.30  provider or its parent company of at least $100,000,000.  If the 
135.31  provider's parent company's Form 10-K, Form 20-F, or audited 
135.32  financial statements are filed to meet the provider's financial 
135.33  stability requirement, then the parent company shall agree to 
135.34  guarantee the obligations of the provider relating to service 
135.35  contracts sold by the provider in this state. 
135.36     Subd. 5.  [RIGHT OF RETURN.] Service contracts must require 
136.1   the provider to permit the service contract holder to return the 
136.2   service contract within 20 days of the date the service contract 
136.3   was mailed to the service contract holder or within ten days of 
136.4   delivery if the service contract is delivered to the service 
136.5   contract holder at the time of sale or within a longer time 
136.6   period permitted under the service contract.  Upon return of the 
136.7   service contract to the provider within the applicable time 
136.8   period, if no claim has been made under the service contract 
136.9   before its return to the provider, the service contract is void 
136.10  and the provider shall refund to the service contract holder, or 
136.11  credit the account of the service contract holder, with the full 
136.12  purchase price of the service contract.  The right to void the 
136.13  service contract provided in this paragraph is not transferable 
136.14  and applies only to the original service contract purchaser, and 
136.15  only if no claim has been made before its return to the 
136.16  provider.  A ten percent penalty per month must be added to a 
136.17  refund that is not paid or credited within 45 days after return 
136.18  of the service contract to the provider. 
136.19     Subd. 6.  [PREMIUM TAXES.] (a) Provider fees collected on 
136.20  service contracts are not subject to premium taxes. 
136.21     (b) Premiums for reimbursement insurance policies are 
136.22  subject to applicable taxes. 
136.23     Subd. 7.  [LICENSING EXEMPTION.] Except for the 
136.24  registration requirements in subdivision 3, providers and 
136.25  related service contract sellers, administrators, and other 
136.26  persons marketing, selling, or offering to sell service 
136.27  contracts are exempt from any licensing requirements of this 
136.28  state. 
136.29     Subd. 8.  [INSURANCE EXEMPTION.] The marketing, sale, 
136.30  offering for sale, issuance, making, proposing to make, and 
136.31  administration of service contracts by providers and related 
136.32  service contract sellers, administrators, and other persons are 
136.33  exempt from all other provisions of the insurance laws of this 
136.34  state, except as provided in section 72A.20, subdivision 38. 
136.35     Sec. 15.  [59B.04] [REQUIRED DISCLOSURES; REIMBURSEMENT 
136.36  INSURANCE POLICY.] 
137.1      Subdivision 1.  [RIGHT TO PAYMENT OR 
137.2   REIMBURSEMENT.] Reimbursement insurance policies insuring 
137.3   service contracts issued, sold, or offered for sale in this 
137.4   state shall state that the insurer that issued the reimbursement 
137.5   insurance policy shall either reimburse or pay on behalf of the 
137.6   provider any covered sums the provider is legally obligated to 
137.7   pay or, in the event of the provider's nonperformance, shall 
137.8   provide the service which the provider is legally obligated to 
137.9   perform according to the provider's contractual obligations 
137.10  under the service contracts issued or sold by the provider. 
137.11     Subd. 2.  [RIGHT TO APPLY TO COMPANY.] In the event covered 
137.12  service is not provided by the service contract provider within 
137.13  60 days of proof of loss by the service contract holder, the 
137.14  contract holder is entitled to apply directly to the 
137.15  reimbursement insurance company. 
137.16     Sec. 16.  [59B.05] [REQUIRED DISCLOSURE; SERVICE 
137.17  CONTRACTS.] 
137.18     Subdivision 1.  [READABILITY AND GENERAL 
137.19  DISCLOSURE.] Service contracts marketed, sold, offered for sale, 
137.20  issued, made, proposed to be made, or administered in this state 
137.21  must be written, printed, or typed in clear, understandable 
137.22  language that is easy to read and must disclose the requirements 
137.23  set forth in this section, as applicable. 
137.24     Subd. 2.  [IDENTITIES OF PARTIES.] Service contracts must 
137.25  state the name and address of the provider, and must identify 
137.26  any administrator if different from the provider, the service 
137.27  contract seller, and the service contract holder to the extent 
137.28  that the name of the service contract holder has been furnished 
137.29  by the service contract holder.  The identities of the parties 
137.30  are not required to be preprinted on the service contract and 
137.31  may be added to the service contract at the time of sale. 
137.32     Subd. 3.  [TOTAL PURCHASE PRICE AND SALES TERMS.] Service 
137.33  contracts must state the total purchase price and the terms 
137.34  under which the service contract is sold.  The purchase price is 
137.35  not required to be preprinted on the service contract and may be 
137.36  negotiated at the time of sale with the service contract holder. 
138.1      Subd. 4.  [DEDUCTIBLES.] Service contracts must state the 
138.2   existence of any deductible amount, if applicable. 
138.3      Subd. 5.  [COVERAGES, LIMITATIONS, AND EXCLUSIONS.] No 
138.4   particular causes of loss of property are required to be 
138.5   covered, but service contracts must specify the merchandise and 
138.6   services to be provided and, with equal prominence, any 
138.7   limitations, exceptions, or exclusions including, but not 
138.8   limited to, any damage or breakdown not covered by the service 
138.9   contract.  
138.10     Subd. 6.  [RESTRICTIONS ON TRANSFERABILITY.] Service 
138.11  contracts must state any restrictions governing the 
138.12  transferability of the service contract, if applicable. 
138.13     Subd. 7.  [CANCELLATION TERMS.] Service contracts must 
138.14  state the terms, restrictions, or conditions governing 
138.15  cancellation of the service contract prior to the termination or 
138.16  expiration date of the service contract by either the provider 
138.17  or the service contract holder.  The provider of the service 
138.18  contract shall mail a written notice to the contract holder at 
138.19  the last known address of the service contract holder contained 
138.20  in the records of the provider at least 15 days before 
138.21  cancellation by the provider.  Five days' notice is required if 
138.22  the reason for cancellation is nonpayment of the provider fee, a 
138.23  material misrepresentation by the service contract holder to the 
138.24  provider, or a substantial breach of duties by the service 
138.25  contract holder relating to the covered product or its use.  The 
138.26  notice must state the effective date of the cancellation and the 
138.27  reason for the cancellation. 
138.28     Subd. 8.  [DUTIES OF CONTRACT HOLDER.] Service contracts 
138.29  must set forth all of the obligations and duties of the service 
138.30  contract holder, such as the duty to protect against any further 
138.31  damage and any requirement to follow the owner's manual. 
138.32     Subd. 9.  [EXCLUSIONS; CONSEQUENTIAL DAMAGES AND 
138.33  PREEXISTING CONDITIONS.] Service contracts may exclude coverage 
138.34  for consequential damages or preexisting conditions.  These 
138.35  exclusions, if applicable, must be stated in the contract. 
138.36     Sec. 17.  [59B.06] [ADDITIONAL REQUIRED DISCLOSURE; SERVICE 
139.1   CONTRACTS.] 
139.2      Subdivision 1.  [INSURANCE DISCLOSURE.] Service contracts 
139.3   insured under a reimbursement insurance policy pursuant to 
139.4   section 59B.03, subdivision 4, clause (1), must contain a 
139.5   statement in substantially the following form:  "Obligations of 
139.6   the provider under this service contract are insured under a 
139.7   service contract reimbursement insurance policy."  The service 
139.8   contract must also state the name and address of the insurer. 
139.9      Subd. 2.  [DISCLOSURE OF NO INSURANCE.] Service contracts 
139.10  not insured under a reimbursement insurance policy pursuant to 
139.11  section 59B.03, subdivision 4, clause (1), must contain a 
139.12  statement in substantially the following form:  "Obligations of 
139.13  the provider under this service contract are backed by the full 
139.14  faith and credit of the provider." 
139.15     Sec. 18.  [59B.07] [PROHIBITED ACTS.] 
139.16     Subdivision 1.  [DECEPTIVE NAMES.] A provider shall not use 
139.17  in its name the words insurance, casualty, surety, mutual, or 
139.18  any other words descriptive of the insurance, casualty, or 
139.19  surety business; or a name deceptively similar to the name or 
139.20  description of any insurance or surety corporation, or to the 
139.21  name of any other provider.  The word "guaranty" or similar word 
139.22  may be used by a provider.  This section does not apply to a 
139.23  company that was using any of the prohibited language in its 
139.24  name before the effective date of this chapter.  However, a 
139.25  company using the prohibited language in its name shall include 
139.26  in its service contracts a statement in substantially the 
139.27  following form:  "This agreement is not an insurance contract." 
139.28     Subd. 2.  [FALSE OR MISLEADING STATEMENTS.] A provider or 
139.29  its representative shall not in its service contracts, 
139.30  literature, or otherwise make, permit, or cause to be made any 
139.31  false or misleading statement or omit any material statement 
139.32  that would be considered misleading if omitted. 
139.33     Subd. 3.  [REQUIRED PURCHASE.] A person, such as a bank, 
139.34  savings association, lending institution, manufacturer, or 
139.35  seller of any product, shall not require the purchase of a 
139.36  service contract as a condition of a loan or a condition for the 
140.1   sale of any property. 
140.2      Sec. 19.  [59B.08] [RECORD-KEEPING REQUIREMENTS.] 
140.3      Subdivision 1.  [GENERALLY.] The provider shall keep 
140.4   accurate accounts, books, and records concerning transactions 
140.5   regulated under this chapter. 
140.6      The provider's accounts, books, and records include the 
140.7   following: 
140.8      (1) copies of each type of service contracts sold; 
140.9      (2) the name and address of each service contract holder to 
140.10  the extent that the name and address have been furnished by the 
140.11  service contract holder; 
140.12     (3) a list of the locations where service contracts are 
140.13  marketed, sold, or offered for sale; and 
140.14     (4) written claims files which shall contain information 
140.15  regarding the services provided or claims payments for contracts 
140.16  that provide for payments or reimbursement, including at least 
140.17  the dates and description of claims related to the service 
140.18  contracts. 
140.19     Subd. 2.  [RETENTION.] (a) Except as provided in paragraph 
140.20  (b), the provider shall retain all records required to be 
140.21  maintained by this section for at least three years after the 
140.22  specified period of coverage has expired. 
140.23     (b) A provider discontinuing business in this state shall 
140.24  maintain its records until it furnishes the commissioner 
140.25  satisfactory proof that it has discharged all obligations to 
140.26  contract holders in this state. 
140.27     Subd. 3.  [MEDIUM.] The records required by this chapter 
140.28  may be, but are not required to be, maintained on a computer 
140.29  disk or other record-keeping technology.  If the records are 
140.30  maintained in other than hard copy, the records must be capable 
140.31  of duplication to legible hard copy at the request of the 
140.32  commissioner. 
140.33     Sec. 20.  [59B.09] [TERMINATION OF REIMBURSEMENT INSURANCE 
140.34  POLICY.] 
140.35     An insurer that issued a reimbursement insurance policy may 
140.36  not terminate the policy unless the insurer mails or delivers 
141.1   written notice of the termination to the commissioner at least 
141.2   30 days before the effective date of termination.  The 
141.3   termination of a reimbursement insurance policy does not reduce 
141.4   the issuer's responsibility for service contracts issued by 
141.5   providers before the date of the termination. 
141.6      Sec. 21.  [59B.10] [OBLIGATION OF REIMBURSEMENT INSURANCE 
141.7   POLICY INSURERS.] 
141.8      Insurers issuing reimbursement insurance to providers are 
141.9   deemed to have received the premiums for the insurance upon the 
141.10  payment of provider fees by consumers for service contracts 
141.11  issued by the insured providers. 
141.12     Nothing in this chapter prevents or limits the right of an 
141.13  insurer that issued a reimbursement insurance policy to seek 
141.14  indemnification or subrogation against a provider if the issuer 
141.15  pays or is obligated to pay the service contract holder sums 
141.16  that the provider was obligated to pay pursuant to the 
141.17  provisions of the service contract. 
141.18     Sec. 22.  [59B.11] [SEVERABILITY PROVISION.] 
141.19     If any provision of this chapter or the application of the 
141.20  provision to any person or circumstances are held invalid, the 
141.21  remainder of this chapter and the application of the provision 
141.22  to persons or circumstances other than those as to which it is 
141.23  held invalid, must not be affected. 
141.24     Sec. 23.  Minnesota Statutes 2004, section 60A.14, 
141.25  subdivision 1, is amended to read: 
141.26     Subdivision 1.  [FEES OTHER THAN EXAMINATION FEES.] In 
141.27  addition to the fees and charges provided for examinations, the 
141.28  following fees must be paid to the commissioner for deposit in 
141.29  the general fund: 
141.30     (a) by township mutual fire insurance companies; 
141.31     (1) for filing certificate of incorporation $25 and 
141.32  amendments thereto, $10; 
141.33     (2) for filing annual statements, $15; 
141.34     (3) for each annual certificate of authority, $15; 
141.35     (4) for filing bylaws $25 and amendments thereto, $10; 
141.36     (b) by other domestic and foreign companies including 
142.1   fraternals and reciprocal exchanges; 
142.2      (1) for filing an application for an initial certification 
142.3   of authority to be admitted to transact business in this state, 
142.4   $1,500; 
142.5      (2) for filing certified copy of certificate of articles of 
142.6   incorporation, $100; 
142.7      (2) (3) for filing annual statement, $225; 
142.8      (3) (4) for filing certified copy of amendment to 
142.9   certificate or articles of incorporation, $100; 
142.10     (4) (5) for filing bylaws, $75 or amendments thereto, $75; 
142.11     (5) (6) for each company's certificate of authority, $575, 
142.12  annually; 
142.13     (c) the following general fees apply: 
142.14     (1) for each certificate, including certified copy of 
142.15  certificate of authority, renewal, valuation of life policies, 
142.16  corporate condition or qualification, $25; 
142.17     (2) for each copy of paper on file in the commissioner's 
142.18  office 50 cents per page, and $2.50 for certifying the same; 
142.19     (3) for license to procure insurance in unadmitted foreign 
142.20  companies, $575; 
142.21     (4) for valuing the policies of life insurance companies, 
142.22  one cent per $1,000 of insurance so valued, provided that the 
142.23  fee shall not exceed $13,000 per year for any company.  The 
142.24  commissioner may, in lieu of a valuation of the policies of any 
142.25  foreign life insurance company admitted, or applying for 
142.26  admission, to do business in this state, accept a certificate of 
142.27  valuation from the company's own actuary or from the 
142.28  commissioner of insurance of the state or territory in which the 
142.29  company is domiciled; 
142.30     (5) for receiving and filing certificates of policies by 
142.31  the company's actuary, or by the commissioner of insurance of 
142.32  any other state or territory, $50; 
142.33     (6) for each appointment of an agent filed with the 
142.34  commissioner, $10; 
142.35     (7) for filing forms and rates, $75 per filing, which may 
142.36  be paid on a quarterly basis in response to an invoice.  Billing 
143.1   and payment may be made electronically; 
143.2      (8) for annual renewal of surplus lines insurer license, 
143.3   $300; 
143.4      (9) $250 filing fee for a large risk alternative rating 
143.5   option plan that meets the $250,000 threshold requirement. 
143.6      The commissioner shall adopt rules to define filings that 
143.7   are subject to a fee. 
143.8      Sec. 24.  Minnesota Statutes 2004, section 60K.55, 
143.9   subdivision 2, is amended to read: 
143.10     Subd. 2.  [LICENSING FEES.] (a) In addition to fees 
143.11  provided for examinations, each insurance producer licensed 
143.12  under this chapter shall pay to the commissioner a fee of: 
143.13     (1) $40 $50 for an initial life, accident and health, 
143.14  property, or casualty license issued to an individual insurance 
143.15  producer, and a fee of $40 $50 for each renewal; 
143.16     (2) $75 $50 for an initial variable life and variable 
143.17  annuity license issued to an individual insurance producer, and 
143.18  a fee of $50 for each renewal; 
143.19     (3) $80 $50 for an initial personal lines license issued to 
143.20  an individual insurance producer, and a fee of $80 $50 for each 
143.21  renewal; 
143.22     (4) $80 $50 for an initial limited lines license issued to 
143.23  an individual insurance producer, and a fee of $80 $50 for each 
143.24  renewal; 
143.25     (5) $200 for an initial license issued to a business 
143.26  entity, and a fee of $150 $200 for each renewal; and 
143.27     (6) $500 for an initial surplus lines license, and a fee of 
143.28  $500 for each renewal. 
143.29     (b) Initial licenses issued under this chapter are valid 
143.30  for a period not to exceed 24 months and expire on October 31 of 
143.31  the renewal year assigned by the commissioner.  Each renewal 
143.32  insurance producer license is valid for a period of 24 months.  
143.33  Licensees who submit renewal applications postmarked or 
143.34  delivered on or before October 15 of the renewal year may 
143.35  continue to transact business whether or not the renewal license 
143.36  has been received by November 1.  Licensees who submit 
144.1   applications postmarked or delivered after October 15 of the 
144.2   renewal year must not transact business after the expiration 
144.3   date of the license until the renewal license has been received. 
144.4      (c) All fees are nonreturnable, except that an overpayment 
144.5   of any fee may be refunded upon proper application.  
144.6      Sec. 25.  Minnesota Statutes 2004, section 72A.20, is 
144.7   amended by adding a subdivision to read: 
144.8      Subd. 38.  [UNFAIR CLAIMS SERVICE; SERVICE CONTRACTS.] No 
144.9   person shall, in connection with a service contract regulated 
144.10  under chapter 59B: 
144.11     (1) attempt to settle claims on the basis of an application 
144.12  or any other material document which was altered without notice 
144.13  to, or knowledge or consent of, the service contract holder; 
144.14     (2) make a material misrepresentation to the service 
144.15  contract holder for the purpose and with the intent of effecting 
144.16  settlement of the claims, loss, or damage under the contract on 
144.17  less favorable terms than those provided in, and contemplated 
144.18  by, the contract; or 
144.19     (3) commit or perform with such frequency as to indicate a 
144.20  general business practice any of the following practices: 
144.21     (i) failure to properly investigate claims; 
144.22     (ii) misrepresentation of pertinent facts or contract 
144.23  provisions relating to coverages at issue; 
144.24     (iii) failure to acknowledge and act upon communications 
144.25  within a reasonable time with respect to claims; 
144.26     (iv) denial of claims without conducting reasonable 
144.27  investigations based upon available information; 
144.28     (v) failure to affirm or deny coverage of claims upon 
144.29  written request of the service contract holder within a 
144.30  reasonable time after proof-of-loss statements have been 
144.31  completed; or 
144.32     (vi) failure to timely provide a reasonable explanation to 
144.33  the service contract holder of the basis in the contract in 
144.34  relation to the facts or applicable law for denial of a claim or 
144.35  for the offer of a compromise settlement. 
144.36     Sec. 26.  Minnesota Statutes 2004, section 72B.04, 
145.1   subdivision 10, is amended to read: 
145.2      Subd. 10.  [FEES.] A fee of $80 $50 is imposed for each 
145.3   initial license or temporary permit and $80 $50 for each renewal 
145.4   thereof or amendment thereto.  A fee of $20 is imposed for the 
145.5   registration of each nonlicensed adjuster who is required to 
145.6   register under section 72B.06.  All fees shall be transmitted to 
145.7   the commissioner and shall be payable to the Department of 
145.8   Commerce. 
145.9      Sec. 27.  Minnesota Statutes 2004, section 82B.09, 
145.10  subdivision 1, is amended to read: 
145.11     Subdivision 1.  [AMOUNTS.] The following fees must be paid 
145.12  to the commissioner:  
145.13     (1) $150 for each initial individual real estate 
145.14  appraiser's license:  $150 if the license expires more than 12 
145.15  months after issuance, $100 if the license expires less than 12 
145.16  months after issuance; and a fee of 
145.17     (2) $100 for each renewal. 
145.18     Sec. 28.  Minnesota Statutes 2004, section 115C.07, 
145.19  subdivision 3, is amended to read: 
145.20     Subd. 3.  [RULES.] (a) The board shall adopt rules 
145.21  regarding its practices and procedures, the form and procedure 
145.22  for applications for compensation from the fund, procedures for 
145.23  investigation of claims and specifying the costs that are 
145.24  eligible for reimbursement from the fund.  
145.25     (b) The board may adopt rules requiring certification of 
145.26  environmental consultants. 
145.27     (c) The board may adopt other rules necessary to implement 
145.28  this chapter. 
145.29     (d) The board may use section 14.389 to adopt rules 
145.30  specifying the competitive bidding requirements for consultant 
145.31  services proposals. 
145.32     (e) The board may use section 14.389 to adopt rules 
145.33  specifying the written proposal and invoice requirements for 
145.34  consultant services. 
145.35     Sec. 29.  Minnesota Statutes 2004, section 115C.09, 
145.36  subdivision 3h, is amended to read: 
146.1      Subd. 3h.  [REIMBURSEMENT; ABOVEGROUND TANKS IN BULK 
146.2   PLANTS.] (a) As used in this subdivision, "bulk plant" means an 
146.3   aboveground or underground tank facility with a storage capacity 
146.4   of more than 1,100 gallons but less than 1,000,000 gallons that 
146.5   is used to dispense petroleum into cargo tanks for 
146.6   transportation and sale at another location. 
146.7      (b) Notwithstanding any other provision in this chapter and 
146.8   any rules adopted pursuant to this chapter, the board shall 
146.9   reimburse 90 percent of an applicant's cost for bulk plant 
146.10  upgrades or closures completed between June 1, 1998, and 
146.11  November 1, 2003, to comply with Minnesota Rules, chapter 7151, 
146.12  provided that the board determines the costs were incurred and 
146.13  reasonable.  The reimbursement may not exceed $10,000 per bulk 
146.14  plant.  The board may provide reimbursement under this paragraph 
146.15  for work completed after November 1, 2003, if the work was 
146.16  contracted for prior to that date and was not completed by that 
146.17  date as a result of an unanticipated situation, provided that an 
146.18  application for reimbursement under this sentence, which may be 
146.19  a renewal of an application previously denied, is submitted 
146.20  prior to December 31, 2005.  
146.21     (c) For corrective action at a bulk plant located on what 
146.22  is or was railroad right-of-way, the board shall reimburse 90 
146.23  percent of total reimbursable costs on the first $40,000 of 
146.24  reimbursable costs and 100 percent of any remaining reimbursable 
146.25  costs when the applicant can document that more than one bulk 
146.26  plant was operated on the same section of right-of-way, as 
146.27  determined by the commissioner of commerce. 
146.28     Sec. 30.  Minnesota Statutes 2004, section 115C.09, 
146.29  subdivision 3j, is amended to read: 
146.30     Subd. 3j.  [RETAIL LOCATIONS AND TRANSPORT VEHICLES.] (a) 
146.31  As used in this subdivision, "retail location" means a facility 
146.32  located in the metropolitan area as defined in section 473.121, 
146.33  subdivision 2, where gasoline is offered for sale to the general 
146.34  public for use in automobiles and trucks.  "Transport vehicle" 
146.35  means a liquid fuel cargo tank used to deliver gasoline into 
146.36  underground storage tanks during 2002 and 2003 at a retail 
147.1   location. 
147.2      (b) Notwithstanding any other provision in this chapter, 
147.3   and any rules adopted under this chapter, the board shall 
147.4   reimburse 90 percent of an applicant's cost for retrofits of 
147.5   retail locations and transport vehicles completed between 
147.6   January 1, 2001, and January 1, 2006, to comply with section 
147.7   116.49, subdivisions 3 and 4, provided that the board determines 
147.8   the costs were incurred and reasonable.  The reimbursement may 
147.9   not exceed $3,000 per retail location and $3,000 per transport 
147.10  vehicle. 
147.11     Sec. 31.  Minnesota Statutes 2004, section 115C.13, is 
147.12  amended to read: 
147.13     115C.13 [REPEALER.] 
147.14     Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 
147.15  115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 
147.16  115C.093, 115C.094, 115C.10, 115C.11, 115C.111, 115C.112, 
147.17  115C.113, 115C.12, and 115C.13, are repealed effective June 30, 
147.18  2007 2012. 
147.19     Sec. 32.  Minnesota Statutes 2004, section 116J.571, is 
147.20  amended to read: 
147.21     116J.571 [CREATION OF ACCOUNTS.] 
147.22     Two greater Minnesota redevelopment accounts are created, 
147.23  one in the general fund and one in the bond proceeds fund.  
147.24  Money in the accounts may be used to make grants as provided in 
147.25  section 116J.575.  Money in the bond proceeds fund may only be 
147.26  used for eligible costs for publicly owned property.  Money in 
147.27  the general fund may be used and to pay for the commissioner's 
147.28  costs in reviewing the applications and making grants. 
147.29     Sec. 33.  Minnesota Statutes 2004, section 116J.572, is 
147.30  amended to read: 
147.31     116J.572 [DEFINITIONS.] 
147.32     Subdivision 1.  [SCOPE OF APPLICATION.] For purposes of 
147.33  sections 116J.571 to 116J.575, the terms in this section have 
147.34  the meanings given. 
147.35     Subd. 2.  [DEVELOPMENT AUTHORITY.] "Development authority" 
147.36  includes a statutory or home rule charter city, county, housing 
148.1   and redevelopment authority, economic development authority, or 
148.2   port authority located outside. 
148.3      Subd. 2a.  [METROPOLITAN AREA.] "Metropolitan area" means 
148.4   the seven-county metropolitan area, as defined in section 
148.5   473.121, subdivision 2. 
148.6      Subd. 2b.  [MUNICIPALITY.] "Municipality" means the 
148.7   statutory or home rule charter city, town, or, in the case of 
148.8   unorganized territory, county in which the redevelopment is 
148.9   located. 
148.10     Subd. 3.  [ELIGIBLE REDEVELOPMENT COSTS OR COSTS.] 
148.11  "Eligible Redevelopment costs" or "costs" means the costs of 
148.12  land acquisition, stabilizing unstable soils when infill is 
148.13  required, demolition, infrastructure improvements, and ponding 
148.14  or other environmental infrastructure; building construction, 
148.15  design and engineering; and costs necessary for adaptive reuse 
148.16  of buildings, including remedial activities.  Eligible costs do 
148.17  not include project administration and legal fees. 
148.18     Subd. 4.  [REDEVELOPMENT.] "Redevelopment" means recycling 
148.19  obsolete, abandoned, or underutilized properties for new 
148.20  industrial, commercial, or residential uses. 
148.21     Sec. 34.  Minnesota Statutes 2004, section 116J.574, is 
148.22  amended to read: 
148.23     116J.574 [GRANT APPLICATIONS.] 
148.24     Subdivision 1.  [APPLICATION REQUIRED.] To obtain a 
148.25  redevelopment grant, a development authority shall apply to the 
148.26  commissioner.  The governing body of the municipality must 
148.27  approve the application by resolution. 
148.28     Subd. 2.  [REQUIRED CONTENT.] The commissioner shall 
148.29  prescribe and provide the application form.  The application 
148.30  must include at least the following information: 
148.31     (1) identification of the site; 
148.32     (2) a redevelopment plan for the site; 
148.33     (3) a detailed budget estimate, including along with 
148.34  necessary supporting evidence, of the total redevelopment costs 
148.35  for the site including the total eligible redevelopment costs; 
148.36     (3) a complete (4) an assessment of the development 
149.1   potential or likely use of the site after completion of the 
149.2   redevelopment plan, including any specific commitments from 
149.3   third parties to construct improvements on the site; 
149.4      (4) a complete financing plan, including (5) the manner in 
149.5   which the development authority uses innovative financial 
149.6   partnerships between government, private for-profit, and 
149.7   nonprofit sectors municipality will meet the local match 
149.8   requirement; and 
149.9      (5) (6) any additional information or material that the 
149.10  commissioner prescribes. 
149.11     Sec. 35.  Minnesota Statutes 2004, section 116J.575, is 
149.12  amended to read: 
149.13     116J.575 [GRANTS.] 
149.14     Subdivision 1.  [COMMISSIONER DISCRETION.] The commissioner 
149.15  may make a grant for up to 50 percent of the eligible costs of a 
149.16  project.  The determination of whether to make a grant for a 
149.17  site is within the discretion of the commissioner, subject to 
149.18  this section and sections 116J.571 to 116J.574 and available 
149.19  unencumbered money in the greater Minnesota redevelopment 
149.20  account.  The commissioner's decisions and application of the 
149.21  priorities under this section are not subject to judicial 
149.22  review, except for abuse of discretion. 
149.23     Subd. 1a.  [PRIORITIES.] (a) If applications for grants 
149.24  exceed the available appropriations, grants shall be made for 
149.25  sites that, in the commissioner's judgment, provide the highest 
149.26  return in public benefits for the public costs incurred.  
149.27  "Public benefits" include job creation, bioscience development, 
149.28  environmental benefits to the state and region, efficient use of 
149.29  public transportation, efficient use of existing infrastructure, 
149.30  provision of affordable housing, multiuse development that 
149.31  constitutes community rebuilding rather than single-use 
149.32  development, crime reduction, blight reduction, community 
149.33  stabilization, and property tax base maintenance or 
149.34  improvement.  In making this judgment, the commissioner shall 
149.35  give priority to redevelopment projects with one or more of the 
149.36  following characteristics: 
150.1      (1) the need for redevelopment in conjunction with 
150.2   contamination remediation needs; 
150.3      (2) the redevelopment project meets current tax increment 
150.4   financing requirements for a redevelopment district and tax 
150.5   increments will contribute to the project; 
150.6      (3) the redevelopment potential within the municipality; 
150.7      (4) proximity to public transit if located in the 
150.8   metropolitan area; and 
150.9      (5) multijurisdictional projects that take into account the 
150.10  need for affordable housing, transportation, and environmental 
150.11  impact. 
150.12     (b) The factors in paragraph (a) are not listed in a rank 
150.13  order of priority; rather, the commissioner may weigh each 
150.14  factor, depending upon the facts and circumstances, as the 
150.15  commissioner considers appropriate.  
150.16     Subd. 2.  [APPLICATION CYCLES.] In making grants, the 
150.17  commissioner shall establish semiannual application deadlines in 
150.18  which grants will be authorized from all or part of the 
150.19  available money in the account. 
150.20     Subd. 3.  [MATCH REQUIRED.] In order to qualify for a grant 
150.21  under sections 116J.571 to 116J.575, the municipality must pay 
150.22  for at least one-half of the redevelopment costs as a local 
150.23  match from any money available to the municipality. 
150.24     Sec. 36.  Minnesota Statutes 2004, section 116L.20, 
150.25  subdivision 1, is amended to read: 
150.26     Subdivision 1.  [DETERMINATION AND COLLECTION OF SPECIAL 
150.27  ASSESSMENT.] (a) In addition to amounts due from an employer 
150.28  under the Minnesota unemployment insurance program, each 
150.29  employer, except an employer making reimbursements is liable for 
150.30  a special assessment levied at the rate of seven-hundredths 
150.31  one-tenth of one percent per year on all taxable wages, as 
150.32  defined in section 268.035, subdivision 24.  If the commissioner 
150.33  of employment and economic development determines that the need 
150.34  for services under the dislocated worker program substantially 
150.35  exceeds the resources that will be available for that program, 
150.36  the commissioner may increase the fee to no more than 12/100 of 
151.1   one percent of taxable wages.  The assessment shall become due 
151.2   and be paid by each employer on the same schedule and in the 
151.3   same manner as other amounts due from an employer under section 
151.4   268.051, subdivision 1. 
151.5      (b) The special assessment levied under this section shall 
151.6   be subject to the same requirements and collection procedures as 
151.7   any amounts due from an employer under the Minnesota 
151.8   unemployment insurance program. 
151.9      <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2006.
151.10     Sec. 37.  Minnesota Statutes 2004, section 116L.30, 
151.11  subdivision 1, is amended to read: 
151.12     Subdivision 1.  [GRANTS.] The commissioner may make grants 
151.13  to nonprofit agencies administering youth intervention programs 
151.14  in communities where the programs are or may be established. 
151.15     "Youth intervention program" means a nonresidential 
151.16  community-based program providing advocacy, education, 
151.17  counseling, mentoring, and referral services to youth and their 
151.18  families experiencing personal, familial, school, legal, or 
151.19  chemical problems with the goal of resolving the present 
151.20  problems and preventing the occurrence of the problems in the 
151.21  future.  The purpose of the youth intervention program is to 
151.22  provide an ongoing, stable funding source to community-based 
151.23  early intervention programs for youth.  Program design may be 
151.24  different for the grantees depending on youth needs in the 
151.25  communities being served. 
151.26     Sec. 38.  Minnesota Statutes 2004, section 116L.30, 
151.27  subdivision 2, is amended to read: 
151.28     Subd. 2.  [APPLICATIONS.] Applications for a grant-in-aid 
151.29  shall be made by the administering agency to the commissioner.  
151.30  The grant-in-aid is contingent upon the agency having obtained 
151.31  from the community in which the youth intervention program is 
151.32  established local matching money two times the amount of the 
151.33  grant that is sought.  The purpose of the matching requirement 
151.34  is to leverage the investment of state and community dollars in 
151.35  supporting the efforts of the grantees to provide early 
151.36  intervention services to youth and their families. 
152.1      The commissioner shall provide the application form, 
152.2   procedures for making application form applications, criteria 
152.3   for review of the application, and kinds of contributions in 
152.4   addition to cash that qualify as local matching money.  No grant 
152.5   to any agency may exceed $50,000. 
152.6      Sec. 39.  Minnesota Statutes 2004, section 116L.30, is 
152.7   amended by adding a subdivision to read: 
152.8      Subd. 3.  [GRANT ALLOCATION FORMULA.] Up to one percent of 
152.9   the appropriations to the grants-in-aid to the youth 
152.10  intervention program may be used for a grant to the Minnesota 
152.11  Youth Intervention Programs Association for expenses in 
152.12  providing collaborative training and technical assistance to 
152.13  community-based grantees. 
152.14     Sec. 40.  Minnesota Statutes 2004, section 116L.30, is 
152.15  amended by adding a subdivision to read: 
152.16     Subd. 4.  [ADMINISTRATIVE COSTS.] The commissioner may use 
152.17  up to two percent of the biennial appropriation for 
152.18  grants-in-aid to the youth intervention program to pay costs 
152.19  incurred by the department in administering the grants. 
152.20     Sec. 41.  [116P.081] [MINNESOTA EARLY STAGE VENTURE CAPITAL 
152.21  INVESTMENTS.] 
152.22     (a) For purposes of this section, "Minnesota early stage 
152.23  company" means an early stage company with its headquarters and 
152.24  principal place of business located in this state.  
152.25     (b) Until June 30, 2019, the State Board of Investment must 
152.26  invest at least $25,000,000 of the principal of the Minnesota 
152.27  environmental and natural resources trust fund in early stage 
152.28  venture capital investments, subject to the following conditions:
152.29     (1) the board may not make initial investments of more than 
152.30  a total of $50,000,000 under this section; 
152.31     (2) each separate investment vehicle must commit 50 percent 
152.32  or more of its assets to investments in Minnesota early stage 
152.33  companies; 
152.34     (3) the board's investment may not exceed 50 percent of the 
152.35  total investment in an investment vehicle; 
152.36     (4) no new investment vehicles may be purchased after June 
153.1   30, 2008; and 
153.2      (5) the board may reinvest returns from investments made 
153.3   under this section.  
153.4      The board may set evaluation criteria for investment 
153.5   vehicles and fund managers of investments under this section 
153.6   different from those it uses for other investments. 
153.7      (c) This section expires August 1, 2019.  
153.8      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
153.9   following final enactment. 
153.10     Sec. 42.  Minnesota Statutes 2004, section 129D.02, 
153.11  subdivision 3, is amended to read: 
153.12     Subd. 3.  [COMPENSATION.] Members shall be compensated at 
153.13  the rate of $35 per day spent on board activities.  In addition, 
153.14  members shall receive reimbursement for expenses in the same 
153.15  manner and amount as state employees.  Employees of the state or 
153.16  its political subdivisions shall not be entitled to the per 
153.17  diem, but they shall suffer no loss in compensation or benefits 
153.18  as a result of service on the board.  Members not entitled to 
153.19  the per diem shall receive expenses as provided in this 
153.20  subdivision unless the expenses are reimbursed from another 
153.21  source as provided in section 15.0575, subdivision 3. 
153.22     Sec. 43.  Minnesota Statutes 2004, section 176.136, 
153.23  subdivision 1a, is amended to read: 
153.24     Subd. 1a.  [RELATIVE VALUE FEE SCHEDULE.] The liability of 
153.25  an employer for services included in the medical fee schedule is 
153.26  limited to the maximum fee allowed by the schedule in effect on 
153.27  the date of the medical service, or the provider's actual fee, 
153.28  whichever is lower.  The medical fee schedule effective on 
153.29  October 1, 1991, remains in effect until the commissioner adopts 
153.30  a new schedule by permanent rule.  The commissioner shall adopt 
153.31  permanent rules regulating fees allowable for medical, 
153.32  chiropractic, podiatric, surgical, and other health care 
153.33  provider treatment or service, including those provided to 
153.34  hospital outpatients, by implementing a relative value fee 
153.35  schedule to be effective on October 1, 1993.  The commissioner 
153.36  may adopt by reference the relative value fee schedule adopted 
154.1   for the federal Medicare program or a relative value fee 
154.2   schedule adopted by other federal or state agencies.  The 
154.3   relative value fee schedule must may contain reasonable 
154.4   classifications including, but not limited to, classifications 
154.5   that differentiate among health care provider disciplines.  The 
154.6   conversion factors for the original relative value fee schedule 
154.7   must reasonably reflect a 15 percent overall reduction from the 
154.8   medical fee schedule most recently in effect.  The reduction 
154.9   need not be applied equally to all treatment or services, but 
154.10  must represent a gross 15 percent reduction The rules must 
154.11  provide that chiropractors and physical therapists have the same 
154.12  provider group designation as medical physicians and have the 
154.13  same maximum fee allowed as medical physicians for the same 
154.14  patient interventions.  
154.15     After permanent rules have been adopted to implement this 
154.16  section, the conversion factors must be adjusted annually on 
154.17  October 1 by no more than the percentage change computed under 
154.18  section 176.645, but without the annual cap provided by that 
154.19  section.  The commissioner shall annually give notice in the 
154.20  State Register of the adjusted conversion factors and may also 
154.21  give annual notice of any additions, deletions, or changes to 
154.22  the relative value units or service codes adopted by the federal 
154.23  Medicare program.  The relative value units may be statistically 
154.24  adjusted in the same manner as for the original workers' 
154.25  compensation relative value fee schedule.  The notices of the 
154.26  adjusted conversion factors and additions, deletions, or changes 
154.27  to the relative value units and service codes is in lieu of the 
154.28  requirements of chapter 14.  The commissioner shall follow the 
154.29  requirements of section 14.386, paragraph (a).  The annual 
154.30  adjustments to the conversion factors and the medical fee 
154.31  schedules adopted under this section, including all previous fee 
154.32  schedules, are not subject to expiration under section 14.386, 
154.33  paragraph (b). 
154.34     Sec. 44.  [181.722] [MISREPRESENTATION OF EMPLOYMENT 
154.35  RELATIONSHIP PROHIBITED.] 
154.36     Subdivision 1.  [PROHIBITION.] No employer shall 
155.1   misrepresent the nature of its employment relationship with its 
155.2   employees to any federal, state, or local government unit, to 
155.3   other employers or to its employees.  An employer misrepresents 
155.4   the nature of its employment relationship with its employees if 
155.5   it makes any statement regarding the nature of the relationship 
155.6   that the employer knows or has reason to know is untrue and if 
155.7   it fails to report individuals as employees when legally 
155.8   required to do so. 
155.9      Subd. 2.  [AGREEMENTS TO MISCLASSIFY PROHIBITED.] No 
155.10  employer shall require or request any employee to enter into any 
155.11  agreement, or sign any document, that results in 
155.12  misclassification of the employee as an independent contractor 
155.13  or otherwise does not accurately reflect the employment 
155.14  relationship with the employer. 
155.15     Subd. 3.  [DETERMINATION OF EMPLOYMENT RELATIONSHIP.] For 
155.16  purposes of this section, the nature of an employment 
155.17  relationship is determined using the same tests and in the same 
155.18  manner as employee status is determined under the applicable 
155.19  workers' compensation and unemployment insurance program laws 
155.20  and rules. 
155.21     Subd. 4.  [REPORTING OF VIOLATIONS.] Any court finding that 
155.22  a violation of this section has occurred shall transmit a copy 
155.23  of the documentation of the finding to the commissioner of labor 
155.24  and industry.  The commissioner of labor and industry shall 
155.25  report the finding to relevant state and federal agencies, 
155.26  including at least the commissioner of commerce, the 
155.27  commissioner of employment and economic development, the 
155.28  commissioner of revenue, the federal Internal Revenue Service, 
155.29  and the United States Department of Labor. 
155.30     Subd. 5.  [CIVIL REMEDY.] An individual not a contractor 
155.31  injured by a violation of this section may bring an action for 
155.32  damages against the violator.  The court may award attorney 
155.33  fees, costs, and disbursements to a party recovering under this 
155.34  section.  If the individual injured is an employee of the 
155.35  violator of this section, the employee's representative, as 
155.36  defined in section 179.01, subdivision 5, may bring an action 
156.1   for damages against the violator on behalf of the employee. 
156.2      Sec. 45.  Minnesota Statutes 2004, section 183.41, is 
156.3   amended by adding a subdivision to read: 
156.4      Subd. 4.  [ANNUAL PERMIT.] The commissioner shall issue an 
156.5   annual permit to a boat for the purpose of carrying passengers 
156.6   for hire on the inland waters of the state provided the boat 
156.7   satisfies the inspection requirements of this section.  A boat 
156.8   subject to inspection under this chapter shall be registered 
156.9   with the Division of Boiler Inspection and shall be inspected 
156.10  before a permit may be issued. 
156.11     Sec. 46.  Minnesota Statutes 2004, section 183.411, 
156.12  subdivision 2a, is amended to read: 
156.13     Subd. 2a.  [INSPECTION FEES.] The commissioner may set fees 
156.14  fee for inspecting traction engines, show boilers, and show 
156.15  engines shall be the hourly rate pursuant to section 
156.16  16A.1285 183.545, subdivision 3a. 
156.17     Sec. 47.  Minnesota Statutes 2004, section 183.411, 
156.18  subdivision 3, is amended to read: 
156.19     Subd. 3.  [LICENSES.] A license to operate steam farm 
156.20  traction engines, portable and stationary show engines and 
156.21  portable and stationary show boilers shall be issued to an 
156.22  applicant who: 
156.23     (a) (1) is 18 years of age or older; 
156.24     (b) (2) has a licensed second class or higher class 
156.25  engineer or steam traction (hobby) engineer sign the affidavit 
156.26  attesting to the applicant's competence in operating said 
156.27  devices; 
156.28     (c) (3) passes a written test for competence in operating 
156.29  said devices; 
156.30     (d) (4) has at least 25 hours of actual operating 
156.31  experience on said devices; and 
156.32     (e) (5) pays the required fee. 
156.33     A license shall be valid for the lifetime of the licensee.  
156.34  A onetime fee set by the commissioner pursuant to section 
156.35  16A.1285 183.545, subdivision 4, shall be charged for the 
156.36  license. 
157.1      Sec. 48.  Minnesota Statutes 2004, section 183.42, is 
157.2   amended to read: 
157.3      183.42 [INSPECTION EACH YEAR AND REGISTRATION.] 
157.4      Subdivision 1.  [INSPECTION.] Every owner, lessee, or other 
157.5   person having charge of boilers, or pressure vessels, or any 
157.6   boat subject to inspection under this chapter shall cause them 
157.7   to be inspected by the Division of Boiler Inspection.  
157.8   Boilers and boats subject to inspection under this chapter must 
157.9   be inspected at least annually and pressure vessels inspected at 
157.10  least every two years except as provided under section 
157.11  183.45.  A person who fails to have the inspection required by 
157.12  this section shall pay to the commissioner a penalty in the 
157.13  amount of the cost of inspection up to a maximum of $1,000.  The 
157.14  commissioner shall assess a $250 penalty per applicable boiler 
157.15  or pressure vessel for failure to have the inspection required 
157.16  by this section and may seal the boiler or pressure vessel for 
157.17  refusal to allow an inspection as required by this section. 
157.18     Subd. 2.  [REGISTRATION.] Every owner, lessee, or other 
157.19  person having charge of boilers or pressure vessels subject to 
157.20  inspection under this chapter shall register said objects with 
157.21  the Division of Boiler Inspection.  The registration shall be 
157.22  renewed annually and is applicable to each object separately.  
157.23  The fee for registration of a boiler or pressure vessel shall be 
157.24  pursuant to section 183.545, subdivision 10.  The Division of 
157.25  Boiler Inspection may issue a billing statement for each boiler 
157.26  and pressure vessel on record with the division, and may 
157.27  determine a monthly schedule of billings to be followed for 
157.28  owners, lessees, or other persons having charge of a boiler or 
157.29  pressure vessel subject to inspection under this chapter. 
157.30     Subd. 3.  [CERTIFICATE OF REGISTRATION.] The Division of 
157.31  Boiler Inspection shall issue a certificate of registration that 
157.32  lists the boilers and pressure vessels at the location, 
157.33  expiration date of the certificate of registration, last 
157.34  inspection date of each boiler and pressure vessel, and maximum 
157.35  allowable working pressure for each boiler and pressure vessel.  
157.36  The commissioner may make an electronic certificate of 
158.1   registration available to be printed by the owner, lessee, or 
158.2   other person having charge of the boiler or pressure vessel. 
158.3      Sec. 49.  Minnesota Statutes 2004, section 183.44, 
158.4   subdivision 1, is amended to read: 
158.5      Subdivision 1.  [MASTERS AND PILOTS.] The Division of 
158.6   Boiler Inspection commissioner or the commissioner's designee 
158.7   shall examine all masters and pilots of boats and vessels 
158.8   carrying passengers for hire on the inland waters of the state 
158.9   as to their qualifications and fitness.  If found trustworthy 
158.10  qualified and competent to perform their duties as a master or 
158.11  pilot of a boat carrying passengers for hire, they shall be 
158.12  given issued a certificate license authorizing them to act as 
158.13  such on the inland waters of the state.  The license shall be 
158.14  renewed annually.  Fees for the original issue and renewal of 
158.15  the license authorized under this section shall be pursuant to 
158.16  section 183.545, subdivision 2. 
158.17     Sec. 50.  Minnesota Statutes 2004, section 183.51, 
158.18  subdivision 2, is amended to read: 
158.19     Subd. 2.  [APPLICATIONS.] Any person who desires an 
158.20  engineer's license shall make submit a written application, on 
158.21  blanks furnished by the inspector.  The person shall also 
158.22  successfully pass a written examination for such grade of 
158.23  license applied for commissioner or designee, at least 15 days 
158.24  before the requested exam date.  The application is valid for 
158.25  one year from the date the commissioner or designee received the 
158.26  application. 
158.27     Sec. 51.  Minnesota Statutes 2004, section 183.51, is 
158.28  amended by adding a subdivision to read: 
158.29     Subd. 2a.  [EXAMINATIONS.] Each applicant for a license 
158.30  must pass an examination approved by the commissioner.  The 
158.31  examinations shall be of sufficient scope to establish the 
158.32  competency of the applicant to operate a boiler of the 
158.33  applicable license class and grade. 
158.34     Sec. 52.  Minnesota Statutes 2004, section 183.545, is 
158.35  amended to read: 
158.36     183.545 [FEES FOR INSPECTION.] 
159.1      Subdivision 1.  [FEE AMOUNT; VESSELS OPERATED ON INLAND 
159.2   WATERS.] The fees for the inspection of the hull, boiler, 
159.3   machinery, and equipments of vessels are to be set by the 
159.4   commissioner pursuant to section 16A.1285, for vessels of 50 
159.5   tons burden or over and vessels of less than 50 tons 
159.6   burden. operated on inland waters and that carry passengers for 
159.7   hire are as follows: 
159.8      (1) annual operating permit and safety inspections shall be 
159.9   $200; and 
159.10     (2) other inspections, including dry-dock inspections, boat 
159.11  stability tests, and plan reviews, are billed at the hourly rate 
159.12  set in subdivision 3a. 
159.13     Subd. 2.  [FEE AMOUNTS; MASTERS AND PILOTS.] The 
159.14  commissioner shall, pursuant to section 16A.1285, set 
159.15  the license and application fee for an examination of an 
159.16  applicant for a master's or pilot's license is $50, for an or 
159.17  $20 if the applicant possesses a valid, unlimited, current 
159.18  United States Coast Guard master's or pilot's license.  The 
159.19  annual renewal of a master's or a pilot's license, and for an is 
159.20  $20.  The annual renewal if paid later than ten 30 days after 
159.21  expiration is $35.  The fee for replacement of a current, valid 
159.22  license is $20. 
159.23     Subd. 3.  [BOILER AND PRESSURE VESSEL INSPECTION FEES.] The 
159.24  fees for the annual inspection of boilers and biennial 
159.25  inspection of pressure vessels are to be set by the commissioner 
159.26  pursuant to section 16A.1285, for as follows: 
159.27     (a) (1) boiler inaccessible for internal inspection, $55; 
159.28     (b) (2) boiler accessible for internal inspection, $55; 
159.29     (c) (3) boiler internal inspection over 2,000 square feet 
159.30  heating surface shall be billed at the hourly rate set in 
159.31  subdivision 3a; 
159.32     (d) boiler internal inspection over 4,000 square feet 
159.33  heating surface; 
159.34     (e) boiler internal inspection over 10,000 square feet 
159.35  heating surface; 
159.36     (f) (4) boiler accessible for internal inspection requiring 
160.1   one-half day or more of inspection time shall be billed at the 
160.2   established shop inspection fee hourly rate set in subdivision 
160.3   3a; 
160.4      (g) (5) pressure vessel for internal inspection via manhole 
160.5   , $35; and 
160.6      (h) (6) pressure vessel inaccessible for internal 
160.7   inspection, $35.  
160.8      An additional fee based on the scale of fees applicable to 
160.9   an inspection shall be charged when it is necessary to make a 
160.10  special trip for a hydrostatic test of a boiler or pressure 
160.11  vessel.  
160.12     Subd. 3a.  [HOURLY RATE.] The commissioner shall, pursuant 
160.13  to section 16A.1285, set shop inspection fees hourly rate for an 
160.14  inspection not set elsewhere in this chapter is $80 per hour.  
160.15  Inspection time includes all time related to the shop 
160.16  inspection.  Travel time, billed at the hourly rate, and travel 
160.17  expenses shall be billed for shop inspections, triennial audits, 
160.18  boat stability tests, hydrostatic tests of a boiler or pressure 
160.19  vessel, or any other inspection or consultation requiring a 
160.20  special trip. 
160.21     Subd. 4.  [APPLICANTS BOILER ENGINEER LICENSE FEES.] The 
160.22  commissioner shall, pursuant to section 16A.1285, set the fee 
160.23  for an examination of an applicant For the following licenses, 
160.24  the nonrefundable license and application fee is: 
160.25     (a) (1) chief engineer's license, $50; 
160.26     (b) (2) first class engineer's license, $50; 
160.27     (c) (3) second class engineer's license, $50; 
160.28     (d) (4) special engineer's license, $20; and 
160.29     (e) (5) traction or hobby boiler engineer's license; and, 
160.30  $50. 
160.31     (f) pilot's license. 
160.32     If an applicant, after an examination, is entitled to 
160.33  receive a license, it shall be issued without the payment of any 
160.34  additional charge.  Any license so issued expires one year after 
160.35  the date of its issuance.  An engineer's license may be renewed 
160.36  upon application therefor and the payment of an annual renewal 
161.1   fee as set by the commissioner pursuant to section 16A.1285 of 
161.2   $20.  The annual renewal, if paid later than 30 days after 
161.3   expiration, is $35.  The fee for replacement of a current, valid 
161.4   license is $20.  
161.5      Subd. 6.  [NATIONAL BOARD INSPECTORS.] The fee for an 
161.6   examination of an applicant for a National Board of Boiler and 
161.7   Pressure Vessels Inspectors commission shall be set by the 
161.8   commissioner pursuant to section 16A.1285 is $100.  
161.9      Subd. 7.  [NUCLEAR ENDORSEMENT.] The fee for each 
161.10  examination of an applicant for a National Board of Boiler and 
161.11  Pressure Vessels commissioned inspectors nuclear endorsement 
161.12  shall be set by the commissioner pursuant to section 16A.1285 is 
161.13  $100. 
161.14     Subd. 8.  [CERTIFICATE OF COMPETENCY.] The fee for issuance 
161.15  of the original state of Minnesota certificate of competency for 
161.16  inspectors shall be set by the commissioner pursuant to section 
161.17  16A.1285 is $50.  This fee is waived for inspectors who paid the 
161.18  examination fee.  The fee for an annual renewal of the state of 
161.19  Minnesota certificate of competency shall be set by the 
161.20  commissioner pursuant to section 16A.1285 is $35, and is due 
161.21  January 1 of each year.  The fee for replacement of a current, 
161.22  valid license is $35. 
161.23     Subd. 9.  [DEPOSIT OF FEES.] Fees received under this 
161.24  section and section 183.57 must be deposited in the state 
161.25  treasury and credited to the general fund. 
161.26     Subd. 10.  [BOILER AND PRESSURE VESSEL REGISTRATION 
161.27  FEE.] The annual registration fee for boilers and pressure 
161.28  vessels in use and required to be inspected per section 183.42 
161.29  shall be $10 per boiler and pressure vessel. 
161.30     Sec. 53.  Minnesota Statutes 2004, section 183.57, is 
161.31  amended to read: 
161.32     183.57 [REPORT OF INSURER; EXEMPTION FROM INSPECTION.] 
161.33     Subdivision 1.  [REPORT REQUIRED.] Any insurance company 
161.34  insuring boilers and pressure vessels in this state shall make a 
161.35  written file a report thereof showing the date of inspection, 
161.36  the name of the person making the inspection, the condition of 
162.1   the boiler or pressure vessel as disclosed by the inspection, 
162.2   whether the same is boiler was operated by a properly licensed 
162.3   engineer, and whether a policy of insurance has been issued by 
162.4   the company with reference to the boiler or pressure vessel, and 
162.5   other information as directed by the chief boiler inspector.  
162.6   Within 15 21 days after the inspection, the insurance company 
162.7   shall mail a copy of file the report to with the chief boiler 
162.8   inspector and or designee.  The insurer shall provide a copy of 
162.9   the report to the person, firm, or corporation owning or 
162.10  operating the inspected boiler or pressure vessel inspected.  
162.11  Such report shall be made annually for boilers and biennially 
162.12  for pressure vessels. 
162.13     Subd. 2.  [EXEMPTION.] Every boiler or pressure vessel as 
162.14  to which any insurance company authorized to do business in this 
162.15  state has issued a policy of insurance, after the inspection 
162.16  thereof, is exempt from inspection by the department made under 
162.17  sections 183.375 to 183.62, while the same continues to be 
162.18  insured and provided it continues to be inspected in accordance 
162.19  with the inspection schedule set forth in sections 183.42 and 
162.20  183.45, and the person, firm, or corporation owning or operating 
162.21  the same has an unexpired certificate of exemption from 
162.22  inspection, issued by the chief boiler 
162.23  inspector registration.  The fee set by the commissioner 
162.24  pursuant to section 16A.1285, on the first object inspected and 
162.25  on each object thereafter shall apply to each exempt object.  A 
162.26  certificate of exemption expires one year from date of issue.  
162.27  The certificate of exemption shall be posted in a conspicuous 
162.28  place near the boiler or pressure vessel or in the plant office 
162.29  or boiler room described therein and to which it relates.  Every 
162.30  insurance company shall give written notice to the chief boiler 
162.31  inspector of the cancellation or expiration of every policy of 
162.32  insurance issued by it with reference to policies in this state, 
162.33  and the cause or reason for the cancellation or expiration.  
162.34  These notices of cancellation or expiration shall show the date 
162.35  of the policy and the date when the cancellation has or will 
162.36  become effective. 
163.1      Subd. 4.  [CERTIFICATE OF EXEMPTION.] The Division of 
163.2   Boiler Inspection may issue a billing and exemption certificate 
163.3   for each boiler and pressure vessel which the division records 
163.4   indicate shall be or has been inspected by an insurance company 
163.5   which is providing coverage for the boilers and pressure 
163.6   vessels.  The division may determine the monthly schedule of the 
163.7   billings to be followed for each business insured.  
163.8      Subd. 5.  [NOTICE OF INSURANCE COVERAGE.] The insurer shall 
163.9   notify the commissioner or designee in writing of its policy to 
163.10  insure and inspect boilers and pressure vessels at a location 
163.11  within 30 days of the effective date of insurance coverage, 
163.12  including binders.  The insurer must also provide a duplicate of 
163.13  the notification to the insured. 
163.14     Subd. 6.  [NOTICE OF DISCONTINUED COVERAGE.] The insurer 
163.15  shall notify the commissioner or designee in writing, within 30 
163.16  days of the effective date, of the discontinuation of insurance 
163.17  coverage of the boilers and pressure vessels at a location and 
163.18  the cause or reason for the discontinuation.  This notice shall 
163.19  show the effective date when the discontinued policy takes 
163.20  effect. 
163.21     Subd. 7.  [PENALTIES.] The commissioner shall assess upon 
163.22  the insurer a $50 penalty, per applicable boiler and pressure 
163.23  vessel, for failing to submit an inspection report or notify the 
163.24  commissioner of insurance coverage or discontinuation of 
163.25  insurance coverage as set forth in this section.  The 
163.26  commissioner shall assess upon the insurer a penalty of $100, 
163.27  per applicable boiler and pressure vessel, for failing to 
163.28  conduct the required in-service inspection within 120 days after 
163.29  the inspection was due in accordance with section 183.42. 
163.30     Sec. 54.  Minnesota Statutes 2004, section 216B.2424, 
163.31  subdivision 1, is amended to read: 
163.32     Subdivision 1.  [FARM-GROWN CLOSED-LOOP BIOMASS.] (a) For 
163.33  the purposes of this section, "farm-grown closed-loop biomass" 
163.34  means biomass, as defined in section 216C.051, subdivision 7, 
163.35  that: 
163.36     (1) is intentionally cultivated, harvested, and prepared 
164.1   for use, in whole or in part, as a fuel for the generation of 
164.2   electricity; 
164.3      (2) when combusted, releases an amount of carbon dioxide 
164.4   that is less than or approximately equal to the carbon dioxide 
164.5   absorbed by the biomass fuel during its growing cycle; and 
164.6      (3) is fired in a new or substantially retrofitted electric 
164.7   generating facility that is: 
164.8      (i) located within 400 miles of the site of the biomass 
164.9   production; and 
164.10     (ii) designed to use biomass to meet at least 75 percent of 
164.11  its fuel requirements. 
164.12     (b) The legislature finds that the negative environmental 
164.13  impacts within 400 miles of the facility resulting from 
164.14  transporting and combusting the biomass are offset in that 
164.15  region by the environmental benefits to air, soil, and water of 
164.16  the biomass production. 
164.17     (c) Among the biomass fuel sources that meet the 
164.18  requirements of paragraph (a), clause clauses (1) and (2) are 
164.19  poplar, aspen, willow, switch grass, sorghum, alfalfa, and 
164.20  cultivated prairie grass and sustainably managed woody biomass.  
164.21     (d) For the purpose of this section, "sustainably managed 
164.22  woody biomass" means:  
164.23     (1) brush, trees, and other biomass harvested from within 
164.24  designated utility, railroad, and road rights-of-way; 
164.25     (2) upland and lowland brush harvested from lands 
164.26  incorporated into brushland habitat management activities of the 
164.27  Minnesota Department of Natural Resources; 
164.28     (3) upland and lowland brush harvested from lands managed 
164.29  in accordance with Minnesota Department of Natural Resources 
164.30  "Best Management Practices for Managing Brushlands"; 
164.31     (4) logging slash or waste wood that is created by harvest, 
164.32  precommercial timber stand improvement to meet silvicultural 
164.33  objectives, or by fire, disease, or insect control treatments, 
164.34  and that is managed in compliance with the Minnesota Forest 
164.35  Resources Council's "Sustaining Minnesota Forest Resources: 
164.36  Voluntary Site-Level Forest Management Guidelines for 
165.1   Landowners, Loggers and Resource Managers" as modified by the 
165.2   requirement of this subdivision; and 
165.3      (5) trees or parts of trees that do not meet the 
165.4   utilization standards for pulpwood, posts, bolts, or sawtimber 
165.5   as described in the Minnesota Department of Natural Resources 
165.6   Division of Forestry Timber Sales Manual, 1998, as amended as of 
165.7   May 1, 2005, and the Minnesota Department of Natural Resources 
165.8   Timber Scaling Manual, 1981, as amended as of May 1, 2005, 
165.9   except as provided in paragraph (a), clause (1), and this 
165.10  paragraph, clauses (1) to (3). 
165.11     Sec. 55.  Minnesota Statutes 2004, section 216B.2424, is 
165.12  amended by adding a subdivision to read:  
165.13     Subd. 1a.  [MUNICIPAL WASTE-TO-ENERGY PROJECT.] (a) This 
165.14  subdivision applies only to a biomass project owned or 
165.15  controlled, directly or indirectly, by two municipal utilities 
165.16  as described in subdivision 5a, paragraph (b). 
165.17     (b) Woody biomass from state-owned land must be harvested 
165.18  in compliance with an adopted management plan and a program of 
165.19  ecologically based third-party certification.  
165.20     (c) The project must prepare a fuel plan on an annual basis 
165.21  after commercial operation of the project as described in the 
165.22  power contract between the project and the public utility, and 
165.23  must also prepare annually certificates reflecting the types of 
165.24  fuel used in the preceding year by the project, as described in 
165.25  the power contract.  The fuel plans and certificates shall also 
165.26  be filed with the Minnesota Department of Natural Resources and 
165.27  the Minnesota Department of Commerce within 30 days after being 
165.28  provided to the public utility, as provided by the power 
165.29  contract.  Any person who believes the fuel plans, as amended, 
165.30  and certificates show that the project does not or will not 
165.31  comply with the fuel requirements of this subdivision may file a 
165.32  petition with the commission seeking such a determination.  
165.33     (d) The wood procurement process must utilize third-party 
165.34  audit certification systems to verify that applicable best 
165.35  management practices were utilized in the procurement of the 
165.36  sustainably managed biomass.  If there is a failure to so verify 
166.1   in any two consecutive years during the original contract term, 
166.2   the farm-grown closed-loop biomass requirements of subdivision 2 
166.3   must be increased to 50 percent for the remaining contract term 
166.4   period; however, if in two consecutive subsequent years after 
166.5   the increase has been implemented, it is verified that the 
166.6   conditions in this subdivision have been met, then for the 
166.7   remaining original contract term the closed-loop biomass mandate 
166.8   reverts to 25 percent.  If there is a subsequent failure to 
166.9   verify in a year after the first failure and implementation of 
166.10  the 50 percent requirement, then the closed-loop percentage 
166.11  shall remain at 50 percent for each remaining year of the 
166.12  contract term.  
166.13     (e) In the closed-loop plantation, no transgenic plants may 
166.14  be used.  
166.15     (f) No wood may be harvested from any lands identified by 
166.16  the final or preliminary Minnesota County Biological Survey as 
166.17  having statewide significance as native plant communities, large 
166.18  populations or concentrations of rare species, or critical 
166.19  animal habitat.  
166.20     (g) A wood procurement plan must be prepared every five 
166.21  years and public meetings must be held and written comments 
166.22  taken on the plan and documentation must be provided on why or 
166.23  why not the public inputs were used.  
166.24     (h) Guidelines or best management practices for sustainably 
166.25  managed woody biomass must be adopted by:  
166.26     (1) the Minnesota Department of Natural Resources for 
166.27  managing and maintaining brushland and open land habitat on 
166.28  public and private lands, including, but not limited to, 
166.29  provisions of sections 84.941, 84.942, and 97A.125; and 
166.30     (2) the Minnesota Forest Resources Council for logging 
166.31  slash, using the most recent available scientific information 
166.32  regarding the removal of woody biomass from forest lands, to 
166.33  sustain the management of forest resources as defined by section 
166.34  89.001, subdivisions 8 and 9, with particular attention to soil 
166.35  productivity, biological diversity as defined by section 89A.01, 
166.36  subdivision 3, and wildlife habitat. 
167.1      These guidelines must be completed by July 1, 2007, and the 
167.2   process of developing them must incorporate public notification 
167.3   and comment. 
167.4      (i) The University of Minnesota Initiative for Renewable 
167.5   Energy and the Environment is encouraged to solicit and fund 
167.6   high-quality research projects to develop and consolidate 
167.7   scientific information regarding the removal of woody biomass 
167.8   from forest and brush lands, with particular attention to the 
167.9   environmental impacts on soil productivity, biological 
167.10  diversity, and sequestration of carbon.  The results of this 
167.11  research shall be made available to the public. 
167.12     (j) The two utilities owning or controlling, directly or 
167.13  indirectly, the biomass project described in subdivision 5a, 
167.14  paragraph (b), shall fund or obtain funding from nonstate 
167.15  sources of up to $150,000 to complete the guidelines or best 
167.16  management practices described in paragraph (h).  The 
167.17  expenditures to be funded under this paragraph do not include 
167.18  any of the expenditures to be funded under paragraph (i). 
167.19     Sec. 56.  Minnesota Statutes 2004, section 216B.2424, 
167.20  subdivision 2, is amended to read: 
167.21     Subd. 2.  [INTERIM EXEMPTION.] (a) A biomass project 
167.22  proposing to use, as its primary fuel over the life of the 
167.23  project, short-rotation woody crops, may use as an interim fuel 
167.24  agricultural waste and other biomass which is not farm-grown 
167.25  closed-loop biomass for up to six years after the project's 
167.26  electric generating facility becomes operational; provided, the 
167.27  project developer demonstrates the project will use the 
167.28  designated short-rotation woody crops as its primary fuel after 
167.29  the interim period and provided the location of the interim fuel 
167.30  production meets the requirements of subdivision 1, paragraph 
167.31  (a), clause (3). 
167.32     (b) A biomass project proposing to use, as its primary fuel 
167.33  over the life of the project, short-rotation woody crops, may 
167.34  use as an interim fuel agricultural waste and other biomass 
167.35  which is not farm-grown closed-loop biomass for up to three 
167.36  years after the project's electric generating facility becomes 
168.1   operational; provided, the project developer demonstrates the 
168.2   project will use the designated short-rotation woody crops as 
168.3   its primary fuel after the interim period. 
168.4      (c) A biomass project that uses an interim fuel under the 
168.5   terms of paragraph (b) may, in addition, use an interim fuel 
168.6   under the terms of paragraph (a) for six years less the number 
168.7   of years that an interim fuel was used under paragraph (b). 
168.8      (d) A project developer proposing to use an exempt interim 
168.9   fuel under paragraphs (a) and (b) must demonstrate to the public 
168.10  utility that the project will have an adequate supply of 
168.11  short-rotation woody crops which meet the requirements of 
168.12  subdivision 1 to fuel the project after the interim period. 
168.13     (e) If a biomass project using an interim fuel under this 
168.14  subdivision is or becomes owned or controlled, directly or 
168.15  indirectly, by two municipal utilities as described in 
168.16  subdivision 5a, paragraph (b), the project is deemed to comply 
168.17  with the requirement under this subdivision to use farm-grown 
168.18  closed-loop biomass as its primary fuel if farm-grown 
168.19  closed-loop biomass comprises no less than 25 percent of the 
168.20  fuel used over the life of the project.  For purposes of this 
168.21  subdivision, "life of the project" means 20 years from the date 
168.22  the project becomes operational or the term of the applicable 
168.23  power purchase agreement between the project owner and the 
168.24  public utility, whichever is longer. 
168.25     Sec. 57.  Minnesota Statutes 2004, section 216B.2424, 
168.26  subdivision 5a, is amended to read: 
168.27     Subd. 5a.  [REDUCTION OF BIOMASS MANDATE.] (a) 
168.28  Notwithstanding subdivision 5, the biomass electric energy 
168.29  mandate shall must be reduced from 125 megawatts to 110 
168.30  megawatts.  
168.31     (b) The Public Utilities Commission shall approve a request 
168.32  pending before the Public Utilities commission as of May 15, 
168.33  2003, for an amendment amendments to and assignment of a 
168.34  contract for power from power purchase agreement with the owner 
168.35  of a facility that uses short-rotation, woody crops as its 
168.36  primary fuel previously approved to satisfy a portion of the 
169.1   biomass mandate if the developer owner of the project agrees to 
169.2   reduce the size of its project from 50 megawatts to 35 
169.3   megawatts, while maintaining a an average price for energy at or 
169.4   below the current contract price. in nominal dollars measured 
169.5   over the term of the power purchase agreement at or below $104 
169.6   per megawatt-hour, exclusive of any price adjustments that may 
169.7   take effect subsequent to commission approval of the power 
169.8   purchase agreement, as amended.  The commission shall also 
169.9   approve, as necessary, any subsequent assignment or sale of the 
169.10  power purchase agreement or ownership of the project to an 
169.11  entity owned or controlled, directly or indirectly, by two 
169.12  municipal utilities located north of Constitutional Route No. 8, 
169.13  as described in section 161.114, which currently own electric 
169.14  and steam generation facilities using coal as a fuel and which 
169.15  propose to retrofit their existing municipal electrical 
169.16  generating facilities to utilize biomass fuels in order to 
169.17  perform the power purchase agreement. 
169.18     (c) If the power purchase agreement described in paragraph 
169.19  (b) is assigned to an entity that is, or becomes, owned or 
169.20  controlled, directly or indirectly, by two municipal entities as 
169.21  described in paragraph (b), and the power purchase agreement 
169.22  meets the price requirements of paragraph (b), the commission 
169.23  shall approve any amendments to the power purchase agreement 
169.24  necessary to reflect the changes in project location and 
169.25  ownership and any other amendments made necessary by those 
169.26  changes.  The commission shall also specifically find that: 
169.27     (1) the power purchase agreement complies with and fully 
169.28  satisfies the provisions of this section to the full extent of 
169.29  its 35-megawatt capacity; 
169.30     (2) all costs incurred by the public utility and all 
169.31  amounts to be paid by the public utility to the project owner 
169.32  under the terms of the power purchase agreement are fully 
169.33  recoverable pursuant to section 216B.1645; 
169.34     (3) subject to prudency review by the commission, the 
169.35  public utility may recover from its Minnesota retail customers 
169.36  the Minnesota jurisdictional portion of the amounts that may be 
170.1   incurred and paid by the public utility during the full term of 
170.2   the power purchase agreement; and 
170.3      (4) if the purchase power agreement meets the requirements 
170.4   of this subdivision, it is reasonable and in the public interest.
170.5      (d) The commission shall specifically approve recovery by 
170.6   the public utility of any and all Minnesota jurisdictional costs 
170.7   incurred by the public utility to improve, construct, install, 
170.8   or upgrade transmission, distribution, or other electrical 
170.9   facilities owned by the public utility or other persons in order 
170.10  to permit interconnection of the retrofitted biomass-fueled 
170.11  generating facilities or to obtain transmission service for the 
170.12  energy provided by the facilities to the public utility pursuant 
170.13  to section 216B.1645, and shall disapprove any provision in the 
170.14  power purchase agreement that requires the developer or owner of 
170.15  the project to pay the jurisdictional costs or that permit the 
170.16  public utility to terminate the power purchase agreement as a 
170.17  result of the existence of those costs or the public utility's 
170.18  obligation to pay any or all of those costs. 
170.19     Sec. 58.  Minnesota Statutes 2004, section 216B.2424, 
170.20  subdivision 6, is amended to read: 
170.21     Subd. 6.  [REMAINING MEGAWATT COMPLIANCE PROCESS.] (a) If 
170.22  there remain megawatts of biomass power generating capacity to 
170.23  fulfill the mandate in subdivision 5 after the commission has 
170.24  taken final action on all contracts filed by September 1, 2000, 
170.25  by a public utility, as amended and assigned, this subdivision 
170.26  governs final compliance with the biomass energy mandate in 
170.27  subdivision 5 subject to the requirements of subdivisions 7 and 
170.28  8.  
170.29     (b) To the extent not inconsistent with this subdivision, 
170.30  the provisions of subdivisions 2, 3, 4, and 5 apply to proposals 
170.31  subject to this subdivision. 
170.32     (c) A public utility must submit proposals to the 
170.33  commission to complete the biomass mandate.  The commission 
170.34  shall require a public utility subject to this section to issue 
170.35  a request for competitive proposals for projects for electric 
170.36  generation utilizing biomass as defined in paragraph (f) of this 
171.1   subdivision to provide the remaining megawatts of the mandate.  
171.2   The commission shall set an expedited schedule for submission of 
171.3   proposals to the utility, selection by the utility of proposals 
171.4   or projects, negotiation of contracts, and review by the 
171.5   commission of the contracts or projects submitted by the utility 
171.6   to the commission. 
171.7      (d) Notwithstanding the provisions of subdivisions 1 to 5 
171.8   but subject to the provisions of subdivisions 7 and 8, a new or 
171.9   existing facility proposed under this subdivision that is fueled 
171.10  either by biomass or by co-firing biomass with nonbiomass may 
171.11  satisfy the mandate in this section.  Such a facility need not 
171.12  use biomass that complies with the definition in subdivision 1 
171.13  if it uses biomass as defined in paragraph (f) of this 
171.14  subdivision.  Generating capacity produced by co-firing of 
171.15  biomass that is operational as of April 25, 2000, does not meet 
171.16  the requirements of the mandate, except that additional 
171.17  co-firing capacity added at an existing facility after April 25, 
171.18  2000, may be used to satisfy this mandate.  Only the number of 
171.19  megawatts of capacity at a facility which co-fires biomass that 
171.20  are directly attributable to the biomass and that become 
171.21  operational after April 25, 2000, count toward meeting the 
171.22  biomass mandate in this section. 
171.23     (e) Nothing in this subdivision precludes a facility 
171.24  proposed and approved under this subdivision from using fuel 
171.25  sources that are not biomass in compliance with subdivision 3. 
171.26     (f) Notwithstanding the provisions of subdivision 1, for 
171.27  proposals subject to this subdivision, "biomass" includes 
171.28  farm-grown closed-loop biomass; agricultural wastes, including 
171.29  animal, poultry, and plant wastes; and waste wood, including 
171.30  chipped wood, bark, brush, residue wood, and sawdust. 
171.31     (g) Nothing in this subdivision affects in any way 
171.32  contracts entered into as of April 25, 2000, to satisfy the 
171.33  mandate in subdivision 5.  
171.34     (h) Nothing in this subdivision requires a public utility 
171.35  to retrofit its own power plants for the purpose of co-firing 
171.36  biomass fuel, nor is a utility prohibited from retrofitting its 
172.1   own power plants for the purpose of co-firing biomass fuel to 
172.2   meet the requirements of this subdivision. 
172.3      Sec. 59.  Minnesota Statutes 2004, section 216B.2424, 
172.4   subdivision 8, is amended to read: 
172.5      Subd. 8.  [AGRICULTURAL BIOMASS REQUIREMENT.] Of the 125 
172.6   megawatts mandated in subdivision 5, or 110 megawatts mandated 
172.7   in subdivision 5a, at least 75 megawatts of the generating 
172.8   capacity must be generated by facilities that use agricultural 
172.9   biomass as the principal fuel source.  For purposes of this 
172.10  subdivision, agricultural biomass includes only farm-grown 
172.11  closed-loop biomass and agricultural waste, including animal, 
172.12  poultry, and plant wastes.  For purposes of this subdivision, 
172.13  "principal fuel source" means a fuel source that satisfies at 
172.14  least 75 percent of the fuel requirements of an electric power 
172.15  generating facility.  Nothing in this subdivision is intended to 
172.16  expand the fuel source requirements of subdivision 5. 
172.17     Sec. 60.  [219.552] [OBSTRUCTING TREATMENT OF INJURED 
172.18  WORKER.] 
172.19     It is unlawful for a railroad company or person employed by 
172.20  a railroad company to: 
172.21     (1) deny, delay, or interfere with medical treatment or 
172.22  first aid treatment to an employee of a railroad who has been 
172.23  injured during employment; or 
172.24     (2) discipline or threaten to discipline an employee who 
172.25  has been injured during employment for requesting medical 
172.26  treatment or first aid treatment. 
172.27     Sec. 61.  [219.553] [ENFORCEMENT.] 
172.28     Subdivision 1.  [PENALTY.] A person who believes that the 
172.29  person has been affected by a violation of section 219.552 may 
172.30  file a complaint with the commissioner of labor and industry who 
172.31  shall refer it to the Office of Administrative Hearings for 
172.32  consideration as a contested case.  Upon finding a violation, 
172.33  the administrative law judge may assess a penalty to the 
172.34  violating railroad company of up to $10,000 for a violation of 
172.35  section 219.552.  In determining the amount of the penalty, the 
172.36  administrative law judge shall consider those factors that must 
173.1   be considered in determining a monetary penalty under section 
173.2   221.036, subdivision 3.  The contents of the order must include 
173.3   the provisions specified in section 221.036, subdivision 4. 
173.4      Subd. 2.  [ADMINISTRATIVE HEARING OR JUDICIAL REVIEW.] A 
173.5   railroad company against which a penalty is imposed under 
173.6   subdivision 1 may request judicial review in district court. 
173.7   Judicial review under this subdivision is as provided in section 
173.8   221.036, subdivision 8. 
173.9      Subd. 3.  [ENFORCEMENT OF PENALTY.] A penalty ordered under 
173.10  subdivision 1 and due and payable under this section may be 
173.11  enforced by the attorney general in the manner provided under 
173.12  section 221.036, subdivision 11. 
173.13     Sec. 62.  Minnesota Statutes 2004, section 237.11, is 
173.14  amended to read: 
173.15     237.11 [INSPECTING RECORDS AND PROPERTY; REPORTS REQUIRED.] 
173.16     Every telephone company subject to the provisions of this 
173.17  chapter, wherever organized, shall keep an office in this state, 
173.18  and make such reports to the department as it shall from time to 
173.19  time require.  All books, records, and files, whether they 
173.20  relate to competitive or noncompetitive services, and all of its 
173.21  property shall be at all times subject to inspection by the 
173.22  commission and the department.  It shall close its accounts and 
173.23  take therefrom a balance sheet on December 31 of each year, and 
173.24  on or before May 1 following, such balance sheet, together with 
173.25  such other information as the department shall require, verified 
173.26  by an officer of the telephone company, shall be filed with the 
173.27  commission and the department, except that a telephone company, 
173.28  competitive local exchange carrier, or independent telephone 
173.29  company is only required to file an annual report that includes 
173.30  the company's name, contact person, annual revenue, and status 
173.31  of it 911 update plan. 
173.32     In the event that any telephone company shall fail to file 
173.33  its annual report, as provided by this section, the department 
173.34  is authorized to make such an examination of the books, records, 
173.35  and vouchers of the company as is necessary to procure the 
173.36  necessary data for the annual report and cause the same to be 
174.1   prepared.  The expense of procuring this data and preparing this 
174.2   report shall be paid by the telephone company failing to report, 
174.3   and the amount paid shall be credited by the commissioner of 
174.4   finance to funds appropriated for the expense of the department. 
174.5      The department is authorized to force collection of such 
174.6   sum by an action at law in the name of the department.  
174.7      Sec. 63.  Minnesota Statutes 2004, section 237.295, 
174.8   subdivision 1, is amended to read: 
174.9      Subdivision 1.  [PAYMENT FOR INVESTIGATION FILING FEE FOR 
174.10  NEW AUTHORITY.] (a) Whenever the department or commission, in a 
174.11  proceeding upon its own motion, on complaint, or upon an 
174.12  application to it, considers it necessary, in order to carry out 
174.13  the duties imposed on it, to investigate the books, accounts, 
174.14  practices, and activities of any company, parties to the 
174.15  proceeding shall pay the expenses reasonably attributable to the 
174.16  proceeding.  The department and commission shall ascertain the 
174.17  expenses, and the department shall render a bill for those 
174.18  expenses to the parties, at the conclusion of the proceeding.  
174.19  The department is authorized to submit billings to parties at 
174.20  intervals selected by the department during the course of a 
174.21  proceeding.  
174.22     (b) The allocation of costs may be adjusted for cause by 
174.23  the commission during the course of the proceeding, or upon the 
174.24  closing of the docket and issuance of an order.  In addition to 
174.25  the rights granted in subdivision 3, parties to a proceeding may 
174.26  object to the allocation at any time during the proceeding.  
174.27  Withdrawal by a party to a proceeding does not absolve the party 
174.28  from paying allocated costs as determined by the commission.  
174.29  The commission may decide that a party should not pay any 
174.30  allocated costs of the proceeding.  
174.31     (c) The bill constitutes notice of the assessment and a 
174.32  demand for payment.  The amount of the bills assessed by the 
174.33  department under this subdivision must be paid by the parties 
174.34  into the state treasury within 30 days from the date of 
174.35  assessment.  The total amount, in a calendar year, for which a 
174.36  telephone company may become liable, by reason of costs incurred 
175.1   by the department and commission within that calendar year, may 
175.2   not exceed two-fifths of one percent of the gross jurisdictional 
175.3   operating revenue of the telephone company in the last preceding 
175.4   calendar year.  Direct charges may be assessed without regard to 
175.5   this limitation until the gross jurisdictional operating revenue 
175.6   of the telephone company for the preceding calendar year has 
175.7   been reported for the first time.  Where, under this 
175.8   subdivision, costs are incurred within a calendar year that are 
175.9   in excess of two-fifths of one percent of the gross 
175.10  jurisdictional operating revenues, the excess costs are not 
175.11  chargeable as part of the remainder under subdivision 2. 
175.12     (d) Except as otherwise provided in paragraph (e), for 
175.13  purposes of assessing the cost of a proceeding to a party, 
175.14  "party" means any entity or group subject to the laws and rules 
175.15  of this state, however organized, whether public or private, 
175.16  whether domestic or foreign, whether for profit or nonprofit, 
175.17  and whether natural, corporate, or political, such as a business 
175.18  or commercial enterprise organized as any type or combination of 
175.19  corporation, limited liability company, partnership, limited 
175.20  liability partnership, proprietorship, association, cooperative, 
175.21  joint venture, carrier, or utility, and any successor or 
175.22  assignee of any of them; a social or charitable organization; 
175.23  and any type or combination of political subdivision, which 
175.24  includes the executive, judicial, or legislative branch of the 
175.25  state, a local government unit, an agency of the state or a 
175.26  local government unit, or a combination of any of them.  
175.27     (e) For assessment and billing purposes, "party" does not 
175.28  include the Department of Commerce or the Residential Utilities 
175.29  Division of the Office of Attorney General; any entity or group 
175.30  instituted primarily for the purpose of mutual help and not 
175.31  conducted for profit; intervenors awarded compensation under 
175.32  section 237.075, subdivision 10; or any individual or group or 
175.33  counsel for the individual or group representing the interests 
175.34  of end users or classes of end users of services provided by 
175.35  telephone companies or telecommunications carriers, as 
175.36  determined by the commission An application for a new authority 
176.1   must be accompanied by a payment not to exceed $2,000 as 
176.2   determined by the Public Utilities Commission.  This fee will be 
176.3   reviewed annually and adjusted accordingly.  
176.4      Sec. 64.  Minnesota Statutes 2004, section 237.295, 
176.5   subdivision 2, is amended to read: 
176.6      Subd. 2.  [ASSESSMENT OF COSTS.] The department and 
176.7   commission shall quarterly, at least 30 days before the start of 
176.8   each quarter, estimate the total of their expenditures in the 
176.9   performance of their duties relating to telephone companies, 
176.10  other than amounts chargeable to telephone companies under 
176.11  subdivision 1, 5, or 6.  The remainder must be assessed by the 
176.12  department to the telephone companies operating in this state in 
176.13  proportion to their respective gross jurisdictional operating 
176.14  revenues during the last calendar year.  The assessment must be 
176.15  paid into the state treasury within 30 days after the bill has 
176.16  been mailed to the telephone companies.  The bill constitutes 
176.17  notice of the assessment and demand of payment.  The total 
176.18  amount that may be assessed to the telephone companies under 
176.19  this subdivision may not exceed one-eighth three-eighths of one 
176.20  percent of the total gross jurisdictional operating revenues 
176.21  during the calendar year.  The assessment for the third quarter 
176.22  of each fiscal year must be adjusted to compensate for the 
176.23  amount by which actual expenditures by the commission and 
176.24  department for the preceding fiscal year were more or less than 
176.25  the estimated expenditures previously assessed.  A telephone 
176.26  company with gross jurisdictional operating revenues of less 
176.27  than $5,000 is exempt from assessments under this subdivision. 
176.28     Sec. 65.  [237.491] [COMBINED PER NUMBER FEE.] 
176.29     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
176.30  subdivision apply to this section. 
176.31     (b) "911 emergency and public safety communications program"
176.32  means the program governed by chapter 403. 
176.33     (c) "Minnesota telephone number" means a ten-digit 
176.34  telephone number being used to connect to the public switched 
176.35  telephone network and starting with area code 218, 320, 507, 
176.36  612, 651, 763, or 952, or any subsequent area code assigned to 
177.1   this state. 
177.2      (d) "Service provider" means a provider doing business in 
177.3   this state who provides real time, two-way voice service with a 
177.4   Minnesota telephone number.  
177.5      (e) "Telecommunications access Minnesota program" means the 
177.6   program governed by sections 237.50 to 237.55. 
177.7      (f) "Telephone assistance program" means the program 
177.8   governed by sections 237.69 to 237.711. 
177.9      Subd. 2.  [PER NUMBER FEE.] (a) By January 15, 2006, the 
177.10  commissioner of commerce shall report to the legislature and to 
177.11  the senate Committee on Jobs, Energy, and Community Development 
177.12  and the house Committee on Regulated Industries, recommendations 
177.13  for the amount of and method for assessing a fee that would 
177.14  apply to each service provider based upon the number of 
177.15  Minnesota telephone numbers in use by current customers of the 
177.16  service provider.  The fee would be set at a level calculated to 
177.17  generate only the amount of revenue necessary to fund: 
177.18     (1) the telephone assistance program and the 
177.19  telecommunications access Minnesota program at the levels 
177.20  established by the commission under sections 237.52, subdivision 
177.21  2, and 237.70; and 
177.22     (2) the 911 emergency and public safety communications 
177.23  program at the levels appropriated by law to the commissioner of 
177.24  public safety and the commissioner of finance for purposes of 
177.25  sections 403.11, 403.113, 403.27, 403.30, and 403.31 for each 
177.26  fiscal year. 
177.27     (b) The recommendations must include any changes to 
177.28  Minnesota Statutes necessary to establish the procedures whereby 
177.29  each service provider, to the extent allowed under federal law, 
177.30  would collect and remit the fee proceeds to the commissioner of 
177.31  revenue.  The commissioner of revenue would allocate the fee 
177.32  proceeds to the three funding areas in paragraph (a) and credit 
177.33  the allocations to the appropriate accounts. 
177.34     (c) The recommendations must be designed to allow the 
177.35  combined per telephone number fee to be collected beginning July 
177.36  1, 2006.  The per access line fee used to collect revenues to 
178.1   support the TAP, TAM, and 911 programs remains in effect until 
178.2   the statutory changes necessary to implement the per telephone 
178.3   number fee have become effective.  
178.4      (d) As part of the process of developing the 
178.5   recommendations and preparing the report to the legislature 
178.6   required under paragraph (a), the commissioner of commerce must, 
178.7   at a minimum, consult regularly with the Departments of Public 
178.8   Safety, Finance, and Administration, the Public Utilities 
178.9   Commission, service providers, the chairs and ranking minority 
178.10  members of the senate and house committees, subcommittees, and 
178.11  divisions having jurisdiction over telecommunications and public 
178.12  safety, and other affected parties. 
178.13     Sec. 66.  Minnesota Statutes 2004, section 237.701, 
178.14  subdivision 1, is amended to read: 
178.15     Subdivision 1.  [FUND CREATED; AUTHORIZED EXPENDITURES.] 
178.16  The telephone assistance fund is created as a separate account 
178.17  in the state treasury to consist of amounts received by the 
178.18  commissioner of public safety representing the surcharge 
178.19  authorized by section 237.70, subdivision 6, and amounts earned 
178.20  on the fund assets.  Money in the fund may be used only for: 
178.21     (1) reimbursement to local service providers for expenses 
178.22  and credits allowed in section 237.70, subdivision 7, paragraph 
178.23  (d), clause (5); 
178.24     (2) reimbursement of the reasonable administrative expenses 
178.25  of the commission not to exceed $25,000 annually, a portion of 
178.26  which may be used for periodic promotional activities, 
178.27  including, but not limited to, radio or newspaper 
178.28  advertisements, to inform eligible households of the 
178.29  availability of the telephone assistance program; and 
178.30     (3) reimbursement of the statewide indirect cost of the 
178.31  commission. 
178.32     Sec. 67.  Minnesota Statutes 2004, section 239.011, 
178.33  subdivision 2, is amended to read: 
178.34     Subd. 2.  [DUTIES AND POWERS.] To carry out the 
178.35  responsibilities in section 239.01 and subdivision 1, the 
178.36  director: 
179.1      (1) shall take charge of, keep, and maintain in good order 
179.2   the standard of weights and measures of the state and keep a 
179.3   seal so formed as to impress, when appropriate, the letters 
179.4   "MINN" and the date of sealing upon the weights and measures 
179.5   that are sealed; 
179.6      (2) has general supervision of the weights, measures, and 
179.7   weighing and measuring devices offered for sale, sold, or in use 
179.8   in the state; 
179.9      (3) shall maintain traceability of the state standards to 
179.10  the national standards of the National Institute of Standards 
179.11  and Technology; 
179.12     (4) shall enforce this chapter; 
179.13     (5) shall grant variances from department rules, within the 
179.14  limits set by rule, when appropriate to maintain good commercial 
179.15  practices or when enforcement of the rules would cause undue 
179.16  hardship; 
179.17     (6) shall conduct investigations to ensure compliance with 
179.18  this chapter; 
179.19     (7) may delegate to division personnel the 
179.20  responsibilities, duties, and powers contained in this section; 
179.21     (8) shall test annually, and approve when found to be 
179.22  correct, the standards of weights and measures used by the 
179.23  division, by a town, statutory or home rule charter city, or 
179.24  county within the state, or by a person using standards to 
179.25  repair, adjust, or calibrate commercial weights and measures; 
179.26     (9) shall inspect and test weights and measures kept, 
179.27  offered, or exposed for sale; 
179.28     (10) shall inspect and test, to ascertain if they are 
179.29  correct, weights and measures commercially used to: 
179.30     (i) determine the weight, measure, or count of commodities 
179.31  or things sold, offered, or exposed for sale, on the basis of 
179.32  weight, measure, or count; and 
179.33     (ii) compute the basic charge or payment for services 
179.34  rendered on the basis of weight, measure, or count; 
179.35     (11) shall approve for use and mark weights and measures 
179.36  that are found to be correct; 
180.1      (12) shall reject, and mark as rejected, weights and 
180.2   measures that are found to be incorrect and may seize them if 
180.3   those weights and measures: 
180.4      (i) are not corrected within the time specified by the 
180.5   director; 
180.6      (ii) are used or disposed of in a manner not specifically 
180.7   authorized by the director; or 
180.8      (iii) are found to be both incorrect and not capable of 
180.9   being made correct, in which case the director shall condemn 
180.10  those weights and measures; 
180.11     (13) shall weigh, measure, or inspect packaged commodities 
180.12  kept, offered, or exposed for sale, sold, or in the process of 
180.13  delivery, to determine whether they contain the amount 
180.14  represented and whether they are kept, offered, or exposed for 
180.15  sale in accordance with this chapter and department rules.  In 
180.16  carrying out this section, the director must employ recognized 
180.17  sampling procedures, such as those contained in National 
180.18  Institute of Standards and Technology Handbook 133, "Checking 
180.19  the Net Contents of Packaged Goods"; 
180.20     (14) shall prescribe the appropriate term or unit of weight 
180.21  or measure to be used for a specific commodity when an existing 
180.22  term or declaration of quantity does not facilitate value 
180.23  comparisons by consumers, or creates an opportunity for consumer 
180.24  confusion; 
180.25     (15) shall allow reasonable variations from the stated 
180.26  quantity of contents, including variations caused by loss or 
180.27  gain of moisture during the course of good distribution practice 
180.28  or by unavoidable deviations in good manufacturing practice, 
180.29  only after the commodity has entered commerce within the state; 
180.30     (16) shall inspect and test petroleum products in 
180.31  accordance with this chapter and chapter 296A; 
180.32     (17) shall distribute and post notices for used motor oil 
180.33  and used motor oil filters and lead acid battery recycling in 
180.34  accordance with sections 239.54, 325E.11, and 325E.115; 
180.35     (18) shall collect inspection fees in accordance with 
180.36  sections 239.10 and 239.101; and 
181.1      (19) shall provide metrological services and support to 
181.2   businesses and individuals in the United States who wish to 
181.3   market products and services in the member nations of the 
181.4   European Economic Community, and other nations outside of the 
181.5   United States by:  
181.6      (i) meeting, to the extent practicable, the measurement 
181.7   quality assurance standards described in the International 
181.8   Standards Organization ISO 9000, Guide 25 17025; 
181.9      (ii) maintaining, to the extent practicable, certification 
181.10  of the metrology laboratory by a governing body appointed by the 
181.11  European Economic Community an internationally accepted 
181.12  accrediting body such as the National Voluntary Laboratory 
181.13  Accreditation Program (NVLAP); and 
181.14     (iii) providing calibration and consultation services to 
181.15  metrology laboratories in government and private industry in the 
181.16  United States. 
181.17     Sec. 68.  Minnesota Statutes 2004, section 239.05, is 
181.18  amended by adding a subdivision to read: 
181.19     Subd. 3a.  [AUTOMOTIVE FUEL.] For the purpose of enforcing 
181.20  the gasoline octane requirements in section 239.792, "automotive 
181.21  fuel" has the meaning given it in Code of Federal Regulations, 
181.22  title 16, section 306.0. 
181.23     Sec. 69.  Minnesota Statutes 2004, section 239.05, 
181.24  subdivision 10b, is amended to read: 
181.25     Subd. 10b.  [OXYGENATE ETHANOL BLENDER.] "Oxygenate Ethanol 
181.26  blender" means a person who has registered with the division to 
181.27  blend and distribute, transport, sell, or offer blends and 
181.28  distributes, transports, sells, or offers to sell gasoline 
181.29  containing a minimum of 2.0 percent, and an average of 2.7 ten 
181.30  percent oxygen ethanol by weight volume. 
181.31     Sec. 70.  Minnesota Statutes 2004, section 239.09, is 
181.32  amended to read: 
181.33     239.09 [SPECIAL POLICE POWERS.] 
181.34     When necessary to enforce this chapter or rules adopted 
181.35  under the authority granted by section 239.06, the director is: 
181.36     (1) authorized and empowered to arrest, without formal 
182.1   warrant, any violator of sections 325E.11 and 325E.115 or of the 
182.2   statute in relation to weights and measures; 
182.3      (2) empowered to seize for use as evidence and without 
182.4   formal warrant, any false weight, measure, weighing or measuring 
182.5   device, package, or commodity found to be used, retained, or 
182.6   offered or exposed for sale or sold in violation of law; 
182.7      (3) during normal business hours, authorized to enter 
182.8   commercial premises; 
182.9      (4) if the premises are not open to the public, authorized 
182.10  to enter commercial premises only after presenting credentials 
182.11  and obtaining consent or after obtaining a search warrant; 
182.12     (5) empowered to issue stop-use, hold, and removal orders 
182.13  with respect to weights and measures commercially used, and 
182.14  packaged commodities or bulk commodities kept, offered, or 
182.15  exposed for sale, that do not comply with the weights and 
182.16  measures laws; and 
182.17     (6) empowered, upon reasonable suspicion of a violation of 
182.18  the weights and measures laws, to stop a commercial vehicle and, 
182.19  after presentation of credentials, inspect the contents of the 
182.20  vehicle, require that the person in charge of the vehicle 
182.21  produce documents concerning the contents, and require the 
182.22  person to proceed with the vehicle to some specified place for 
182.23  inspection; and 
182.24     (7) empowered, after written warning, to issue citations of 
182.25  not less than $100 and not more than $500 to a person who 
182.26  violates any provision of this chapter, any provision of the 
182.27  rules adopted under the authority contained in this chapter, or 
182.28  any provision of statutes enforced by the division of weights 
182.29  and measures. 
182.30     Sec. 71.  Minnesota Statutes 2004, section 239.101, 
182.31  subdivision 3, is amended to read: 
182.32     Subd. 3.  [PETROLEUM INSPECTION FEE.] (a) An inspection fee 
182.33  is imposed (1) on petroleum products when received by the first 
182.34  licensed distributor, and (2) on petroleum products received and 
182.35  held for sale or use by any person when the petroleum products 
182.36  have not previously been received by a licensed distributor.  
183.1   The petroleum inspection fee is $1 for every 1,000 gallons 
183.2   received.  The commissioner of revenue shall collect the fee.  
183.3   The revenue from 81 cents of the fee must first be applied to 
183.4   cover the amounts appropriated.  Fifteen cents of the inspection 
183.5   fee must be deposited in an account in the special revenue fund 
183.6   and is appropriated to the commissioner of commerce for the cost 
183.7   of petroleum product quality inspection expenses and for the 
183.8   inspection and testing of petroleum product-measuring 
183.9   equipment operations of the Division of Weights and Measures, 
183.10  petroleum supply monitoring, and the oil burner retrofit 
183.11  program.  The remainder of the fee must be deposited in the 
183.12  general fund. 
183.13     (b) The commissioner of revenue shall credit a person for 
183.14  inspection fees previously paid in error or for any material 
183.15  exported or sold for export from the state upon filing of a 
183.16  report as prescribed by the commissioner of revenue. 
183.17     (c) The commissioner of revenue may collect the inspection 
183.18  fee along with any taxes due under chapter 296A. 
183.19     Sec. 72.  Minnesota Statutes 2004, section 239.75, 
183.20  subdivision 1, is amended to read: 
183.21     Subdivision 1.  [INSPECTION TO BE MADE.] The director shall:
183.22     (1) take samples, free of charge, of petroleum products 
183.23  wherever processed, blended, held, stored, imported, 
183.24  transferred, offered for sale or use, or sold in Minnesota, 
183.25  limiting each sample to: 
183.26     (i) two-tenths of one one-half gallon, except when an 
183.27  octane test is planned; or 
183.28     (ii) seven-tenths of one gallon for an octane test; 
183.29     (2) inspect and test petroleum product samples according to 
183.30  the methods of ASTM or other valid test methods adopted by rule, 
183.31  to determine whether the products comply with the specifications 
183.32  in section 239.761; 
183.33     (3) inspect petroleum product storage tanks to ensure that 
183.34  the products are free from water and impurities; 
183.35     (4) inspect and test samples submitted to the department by 
183.36  a licensed distributor, making the test results available to the 
184.1   distributor; 
184.2      (5) inspect the labeling, price posting, and price 
184.3   advertising of petroleum product dispensers and advertising 
184.4   signs at businesses or locations where petroleum products are 
184.5   sold, offered for sale or use, or dispensed into motor vehicles; 
184.6      (6) maintain records of all inspections and tests according 
184.7   to the records retention policies of the Department of 
184.8   Administration; 
184.9      (7) delegate to division personnel, at the director's 
184.10  discretion, any or all of the responsibilities, duties, and 
184.11  powers in sections 239.75 to 239.80; 
184.12     (8) publish octane test data and information to assist 
184.13  persons who use, produce and, distribute, or sell gasoline and 
184.14  gasoline-oxygenate blends petroleum-based heating and engine 
184.15  fuels; 
184.16     (9) register gasoline-oxygenate blenders according to the 
184.17  requirements of the EPA; 
184.18     (10) audit the records of any person responsible for the 
184.19  product to determine compliance with sections 239.75 to 239.792; 
184.20     (11) (10) after consulting with the commissioner of the 
184.21  Pollution Control Agency, grant a temporary exemption from the 
184.22  oxygenated gasoline gasoline-ethanol blending requirements in 
184.23  section 239.791 if the supply of oxygenate ethanol is 
184.24  insufficient to produce gasoline-oxygenate gasoline-ethanol 
184.25  blends during an EPA-designated carbon monoxide control period; 
184.26  and 
184.27     (12) (11) adopt, as an enforcement policy for the division, 
184.28  reasonable margins of uncertainty for the tests used to 
184.29  determine compliance with the specifications in section 239.761, 
184.30  the oxygen percentages in section 239.791, and the octane 
184.31  requirements in section 239.792 and apply the margins of 
184.32  uncertainty to only tests performed by the division, not by 
184.33  adding the margins to uncertainties in tests performed by any 
184.34  person responsible for the product. 
184.35     Sec. 73.  Minnesota Statutes 2004, section 239.75, 
184.36  subdivision 5, is amended to read: 
185.1      Subd. 5.  [PRODUCT QUALITY, RESPONSIBILITY.] After a 
185.2   gasoline product petroleum-based engine fuel is purchased, 
185.3   transferred, or otherwise removed from a refinery or terminal, 
185.4   the person responsible for the product shall: 
185.5      (1) keep the product free from contamination with water and 
185.6   impurities; 
185.7      (2) not blend the product with dissimilar petroleum 
185.8   products, for example, gasoline must not be blended with diesel 
185.9   fuel; 
185.10     (3) not blend the product with any contaminant, dye, 
185.11  chemical, or additive, except: 
185.12     (i) agriculturally derived, denatured ethanol that complies 
185.13  with the specifications in this chapter; 
185.14     (ii) an antiknock additive, or an additive designed to 
185.15  replace tetra-ethyl lead, that is registered by the EPA; or 
185.16     (iii) a dye to distinguish heating fuel from low sulfur 
185.17  diesel fuel; and or 
185.18     (iv) biodiesel fuel that complies with the specifications 
185.19  in this chapter; and 
185.20     (4) maintain a record of the name or chemical composition 
185.21  of the additive, with the product shipping manifest or bill of 
185.22  lading for one year after the date of the manifest or bill. 
185.23     Sec. 74.  Minnesota Statutes 2004, section 239.761, is 
185.24  amended to read: 
185.25     239.761 [PETROLEUM PRODUCT SPECIFICATIONS.] 
185.26     Subdivision 1.  [APPLICABILITY.] A person responsible for 
185.27  the product must meet the specifications in this section.  The 
185.28  specifications apply to petroleum products processed, held, 
185.29  stored, imported, transferred, distributed, offered for 
185.30  distribution, offered for sale or use, or sold in Minnesota. 
185.31     Subd. 2.  [COORDINATION WITH DEPARTMENTS OF REVENUE AND 
185.32  AGRICULTURE.] The petroleum product specifications in this 
185.33  section are intended to match the definitions and specifications 
185.34  in sections 41A.09 and 296A.01.  Petroleum products named in 
185.35  this section are defined in section 296A.01. 
185.36     Subd. 3.  [GASOLINE.] (a) Gasoline that is not blended with 
186.1   ethanol must not be contaminated with water or other impurities 
186.2   and must comply with ASTM specification D4814-01 D4814-04a.  
186.3   Gasoline that is not blended with ethanol must also comply with 
186.4   the volatility requirements in Code of Federal Regulations, 
186.5   title 40, part 80.  
186.6      (b) After gasoline is sold, transferred, or otherwise 
186.7   removed from a refinery or terminal, a person responsible for 
186.8   the product: 
186.9      (1) may blend the gasoline with agriculturally derived 
186.10  ethanol as provided in subdivision 4; 
186.11     (2) shall not blend the gasoline with any oxygenate other 
186.12  than denatured, agriculturally derived ethanol; 
186.13     (3) shall not blend the gasoline with other petroleum 
186.14  products that are not gasoline or denatured, agriculturally 
186.15  derived ethanol; 
186.16     (4) shall not blend the gasoline with products commonly and 
186.17  commercially known as casinghead gasoline, absorption gasoline, 
186.18  condensation gasoline, drip gasoline, or natural gasoline; and 
186.19     (5) may blend the gasoline with a detergent additive, an 
186.20  antiknock additive, or an additive designed to replace 
186.21  tetra-ethyl lead, that is registered by the EPA. 
186.22     Subd. 4.  [GASOLINE BLENDED WITH ETHANOL.] (a) Gasoline may 
186.23  be blended with up to ten percent, by volume, agriculturally 
186.24  derived, denatured ethanol that complies with the requirements 
186.25  of subdivision 5.  
186.26     (b) A gasoline-ethanol blend must: 
186.27     (1) comply with the volatility requirements in Code of 
186.28  Federal Regulations, title 40, part 80; 
186.29     (2) comply with ASTM specification D4814-01 D4814-04a, or 
186.30  the gasoline base stock from which a gasoline-ethanol blend was 
186.31  produced must comply with ASTM specification D4814-01 D4814-04a; 
186.32  and 
186.33     (3) not be blended with casinghead gasoline, absorption 
186.34  gasoline, condensation gasoline, drip gasoline, or natural 
186.35  gasoline after the gasoline-ethanol blend has been sold, 
186.36  transferred, or otherwise removed from a refinery or terminal. 
187.1      Subd. 5.  [DENATURED ETHANOL.] Denatured ethanol that is to 
187.2   be blended with gasoline must be agriculturally derived and must 
187.3   comply with ASTM specification D4806-01 D4806-04a.  This 
187.4   includes the requirement that ethanol may be denatured only as 
187.5   specified in Code of Federal Regulations, title 27, parts 20 and 
187.6   21. 
187.7      Subd. 6.  [GASOLINE BLENDED WITH NONETHANOL OXYGENATE.] (a) 
187.8   A person responsible for the product shall comply with the 
187.9   following requirements: 
187.10     (1) after July 1, 2000, gasoline containing in excess of 
187.11  one-third of one percent, in total, of nonethanol oxygenates 
187.12  listed in paragraph (b) must not be sold or offered for sale at 
187.13  any time in this state; and 
187.14     (2) after July 1, 2005, gasoline containing any of the 
187.15  nonethanol oxygenates listed in paragraph (b) must not be sold 
187.16  or offered for sale in this state. 
187.17     (b) The oxygenates prohibited under paragraph (a) are: 
187.18     (1) methyl tertiary butyl ether, as defined in section 
187.19  296A.01, subdivision 34; 
187.20     (2) ethyl tertiary butyl ether, as defined in section 
187.21  296A.01, subdivision 18; or 
187.22     (3) tertiary amyl methyl ether. 
187.23     (c) Gasoline that is blended with a nonethanol oxygenate 
187.24  must comply with ASTM specification D4814-01 D4814-04a.  
187.25  Nonethanol oxygenates must not be blended into gasoline after 
187.26  the gasoline has been sold, transferred, or otherwise removed 
187.27  from a refinery or terminal. 
187.28     Subd. 7.  [HEATING FUEL OIL.] Heating fuel oil must comply 
187.29  with ASTM specification D396-01 D396-02a. 
187.30     Subd. 8.  [DIESEL FUEL OIL.] Diesel fuel oil must comply 
187.31  with ASTM specification D975-01a D975-04b, except that diesel 
187.32  fuel oil is not required to meet the diesel lubricity standard 
187.33  until the date that the biodiesel fuel requirement in section 
187.34  239.77, subdivision 2, becomes effective or December 31, 2005, 
187.35  whichever comes first. 
187.36     Subd. 9.  [KEROSENE.] Kerosene must comply with ASTM 
188.1   specification D3699-01 D3699-03. 
188.2      Subd. 10.  [AVIATION GASOLINE.] Aviation gasoline must 
188.3   comply with ASTM specification D910-00 D910-04. 
188.4      Subd. 11.  [AVIATION TURBINE FUEL, JET FUEL.] Aviation 
188.5   turbine fuel and jet fuel must comply with ASTM specification 
188.6   D1655-01 D1655-04. 
188.7      Subd. 12.  [GAS TURBINE FUEL OIL.] Fuel oil for use in 
188.8   nonaviation gas turbine engines must comply with ASTM 
188.9   specification D2880-00 D2880-03. 
188.10     Subd. 13.  [E85.] A blend of ethanol and gasoline, 
188.11  containing at least 60 percent ethanol and not more than 85 
188.12  percent ethanol, produced for use as a motor fuel in alternative 
188.13  fuel vehicles as defined in section 296A.01, subdivision 5, must 
188.14  comply with ASTM specification D5798-99 (2004). 
188.15     Subd. 14.  [M85.] A blend of methanol and gasoline, 
188.16  containing at least 85 percent methanol, produced for use as a 
188.17  motor fuel in alternative fuel vehicles as defined in section 
188.18  296A.01, subdivision 5, must comply with ASTM specification 
188.19  D5797-96. 
188.20     Sec. 75.  Minnesota Statutes 2004, section 239.77, is 
188.21  amended by adding a subdivision to read: 
188.22     Subd. 4.  [DISCLOSURE.] A refinery or terminal shall 
188.23  provide, at the time diesel fuel is sold or transferred from the 
188.24  refinery or terminal, a bill of lading or shipping manifest to 
188.25  the person who receives the fuel.  For biodiesel-blended 
188.26  product, the bill of lading or shipping manifest must disclose 
188.27  biodiesel content, stating volume percentage, or gallons of 
188.28  biodiesel per gallons of petroleum diesel base-stock, or an ASTM 
188.29  "Bxx" designation where "xx" denotes the volume percent 
188.30  biodiesel included in the blended product.  This subdivision 
188.31  does not apply to sales or transfers of biodiesel blend stock 
188.32  between refineries, between terminals, or between a refinery and 
188.33  a terminal. 
188.34     Sec. 76.  Minnesota Statutes 2004, section 239.79, 
188.35  subdivision 4, is amended to read: 
188.36     Subd. 4.  [SALE OF CERTAIN PETROLEUM PRODUCTS ON GROSS 
189.1   VOLUME BASIS.] A person responsible for the products listed in 
189.2   this subdivision shall transfer, ship, distribute, offer for 
189.3   distribution, sell, or offer to sell the products by volume.  
189.4   Volumetric measurement of the product must not be temperature 
189.5   compensated, or adjusted by any other factor.  This subdivision 
189.6   applies to gasoline, number one and number two diesel fuel oils, 
189.7   number one and number two heating fuel oils, kerosene, denatured 
189.8   ethanol that is to be blended into gasoline, and an oxygenate 
189.9   that is to be blended into gasoline, and biodiesel.  This 
189.10  subdivision does not apply to the measurement of petroleum 
189.11  products transferred, sold, or traded between refineries, 
189.12  between refineries and terminals, or between terminals.  
189.13     Sec. 77.  Minnesota Statutes 2004, section 239.791, 
189.14  subdivision 1, is amended to read: 
189.15     Subdivision 1.  [MINIMUM ETHANOL CONTENT REQUIRED.] (a) 
189.16  Except as provided in subdivisions 10 to 14, a person 
189.17  responsible for the product shall ensure that all gasoline sold 
189.18  or offered for sale in Minnesota must contain at least 10.0 
189.19  percent denatured ethanol by volume. 
189.20     (b) For purposes of enforcing the minimum ethanol 
189.21  requirement of paragraph (a), a gasoline/ethanol blend will be 
189.22  construed to be in compliance if the ethanol content, exclusive 
189.23  of denaturants and permitted contaminants, comprises not less 
189.24  than 9.2 percent by volume and not more than 10.0 percent by 
189.25  volume of the blend as determined by an appropriate United 
189.26  States Environmental Protection Agency or American Society of 
189.27  Testing Materials standard method of analysis of alcohol/ether 
189.28  content in motor engine fuels. 
189.29     Sec. 78.  Minnesota Statutes 2004, section 239.791, 
189.30  subdivision 7, is amended to read: 
189.31     Subd. 7.  [OXYGENATE ETHANOL RECORDS; STATE AUDIT.] The 
189.32  director shall audit the records of registered oxygenate ethanol 
189.33  blenders to ensure that each blender has met all requirements in 
189.34  this chapter.  Specific information or data relating to sales 
189.35  figures or to processes or methods of production unique to the 
189.36  blender or that would tend to adversely affect the competitive 
190.1   position of the blender must be only for the confidential use of 
190.2   the director, unless otherwise specifically authorized by the 
190.3   registered blender. 
190.4      Sec. 79.  Minnesota Statutes 2004, section 239.791, 
190.5   subdivision 8, is amended to read: 
190.6      Subd. 8.  [DISCLOSURE.] A refinery or terminal, shall 
190.7   provide, at the time gasoline is sold or transferred from the 
190.8   refinery or terminal, a bill of lading or shipping manifest to 
190.9   the person who receives the gasoline.  For oxygenated gasoline, 
190.10  the bill of lading or shipping manifest must include the 
190.11  identity and the volume percentage or gallons of oxygenate 
190.12  included in the gasoline, and it must state:  "This fuel 
190.13  contains an oxygenate.  Do not blend this fuel with ethanol or 
190.14  with any other oxygenate."  For nonoxygenated gasoline sold or 
190.15  transferred before October 1, 1997, the bill or manifest must 
190.16  state:  "This fuel must not be sold at retail in a carbon 
190.17  monoxide control area."  For nonoxygenated gasoline sold or 
190.18  transferred after September 30, 1997, the bill or manifest must 
190.19  state:  "This fuel is not oxygenated.  It must not be sold at 
190.20  retail in Minnesota."  This subdivision does not apply to sales 
190.21  or transfers of gasoline between refineries, between terminals, 
190.22  or between a refinery and a terminal. 
190.23     Sec. 80.  Minnesota Statutes 2004, section 239.791, 
190.24  subdivision 15, is amended to read: 
190.25     Subd. 15.  [EXEMPTION FOR CERTAIN BLEND PUMPS.] (a) A 
190.26  person responsible for the product, who offers for sale, sells, 
190.27  or dispenses nonoxygenated premium gasoline under one or more of 
190.28  the exemptions in subdivisions 10 to 14, may sell, offer for 
190.29  sale, or dispense oxygenated gasoline that contains less than 
190.30  the minimum amount of ethanol required under subdivision 1 if 
190.31  all of the following conditions are met: 
190.32     (1) the blended gasoline has an octane rating of 88 or 
190.33  greater; 
190.34     (2) the gasoline is a blend of oxygenated gasoline meeting 
190.35  the requirements of subdivision 1 with nonoxygenated premium 
190.36  gasoline; 
191.1      (3) the blended gasoline contains not more than ten percent 
191.2   nonoxygenated premium gasoline; 
191.3      (4) the blending of oxygenated gasoline with nonoxygenated 
191.4   gasoline occurs within the gasoline dispenser; and 
191.5      (5) the gasoline station at which the gasoline is sold, 
191.6   offered for sale, or delivered is equipped to store gasoline in 
191.7   not more than two storage tanks.  
191.8      (b) This subdivision applies only to those persons who meet 
191.9   the conditions in paragraph (a), clauses (1) through (5), on the 
191.10  effective date of this act August 1, 2004, and have registered 
191.11  with the director within three months of the effective that date 
191.12  of this act. 
191.13     Sec. 81.  Minnesota Statutes 2004, section 239.792, is 
191.14  amended to read: 
191.15     239.792 [GASOLINE OCTANE AUTOMOTIVE FUEL RATINGS, 
191.16  CERTIFICATION, AND POSTING.] 
191.17     Subdivision 1.  [DISCLOSURE DUTIES OF REFINERS, IMPORTERS, 
191.18  AND PRODUCERS.] A manufacturer, hauler, blender, agent, jobber, 
191.19  consignment agent refiner, importer, or distributor who sells, 
191.20  delivers, or distributes gasoline or gasoline-oxygenate blends, 
191.21  shall provide, at the time of delivery, a bill of lading or 
191.22  shipping manifest to the person who receives the gasoline.  The 
191.23  bill or manifest must state the minimum octane of the gasoline 
191.24  delivered.  The stated octane number must be the average of the 
191.25  "motor method" octane number and the "research method" octane 
191.26  number as determined by the test methods in ASTM specification 
191.27  D4814-01, or by a test method adopted by department 
191.28  rule producer of automotive fuel must comply with the automotive 
191.29  fuel rating, certification, and record-keeping requirements of 
191.30  Code of Federal Regulations, title 16, sections 306.5 to 306.7. 
191.31     Subd. 2.  [DISPENSER LABELING DUTIES OF DISTRIBUTORS.] A 
191.32  person responsible for the product shall clearly, conspicuously, 
191.33  and permanently label each gasoline dispenser that is used to 
191.34  sell gasoline or gasoline-oxygenate blends at retail or to 
191.35  dispense gasoline or gasoline-oxygenate blends into the fuel 
191.36  supply tanks of motor vehicles, with the minimum octane of the 
192.1   gasoline dispensed.  The label must meet the following 
192.2   requirements: 
192.3      (a) The octane number displayed on the label must represent 
192.4   the average of the "motor method" octane number and the 
192.5   "research method" octane number as determined by the test 
192.6   methods in ASTM specification D4814-01, or by a test method 
192.7   adopted by department rule. 
192.8      (b) The label must be at least 2-1/2 inches high and three 
192.9   inches wide, with a yellow background, black border, and black 
192.10  figures and letters. 
192.11     (c) The number representing the octane of the gasoline must 
192.12  be at least one inch high. 
192.13     (d) The label must include the words "minimum octane" and 
192.14  the term "(R+M)/2" or "(RON+MON)/2." A licensed distributor of 
192.15  automotive fuel must comply with the certification and 
192.16  record-keeping provisions of Code of Federal Regulations, title 
192.17  16, sections 306.8 and 306.9. 
192.18     Subd. 3.  [DUTIES OF RETAILERS.] A person responsible for 
192.19  the product who sells or transfers automotive fuel to a consumer 
192.20  must comply with the automotive fuel rating posting and 
192.21  record-keeping requirements, and the label specifications of 
192.22  Code of Federal Regulations, title 16, sections 306.10 to 306.12.
192.23     Subd. 4.  [DUTIES OF DIRECTOR.] Upon request, the director 
192.24  shall provide any person with a copy of Code of Federal 
192.25  Regulations, title 16, part 306.  Upon request, the director 
192.26  shall provide any distributor, retailer, or organization of 
192.27  distributors or retailers with the label specifications in Code 
192.28  of Federal Regulations, title 16, section 306.12. 
192.29     Sec. 82.  Minnesota Statutes 2004, section 296A.01, 
192.30  subdivision 2, is amended to read: 
192.31     Subd. 2.  [AGRICULTURAL ALCOHOL GASOLINE.] "Agricultural 
192.32  alcohol gasoline" means a gasoline-ethanol blend of up to ten 
192.33  percent agriculturally derived fermentation ethanol derived from 
192.34  agricultural products, such as potatoes, cereal, grains, cheese 
192.35  whey, sugar beets, forest products, or other renewable 
192.36  resources, that: 
193.1      (1) meets the specifications in ASTM specification D4806-01 
193.2   D4806-04a; and 
193.3      (2) is denatured as specified in Code of Federal 
193.4   Regulations, title 27, parts 20 and 21. 
193.5      Sec. 83.  Minnesota Statutes 2004, section 296A.01, 
193.6   subdivision 7, is amended to read: 
193.7      Subd. 7.  [AVIATION GASOLINE.] "Aviation gasoline" means 
193.8   any gasoline that is capable of use for the purpose of producing 
193.9   or generating power for propelling internal combustion engine 
193.10  aircraft, that meets the specifications in ASTM 
193.11  specification D910-00 D910-04, and that either: 
193.12     (1) is invoiced and billed by a producer, manufacturer, 
193.13  refiner, or blender to a distributor or dealer, by a distributor 
193.14  to a dealer or consumer, or by a dealer to consumer, as 
193.15  "aviation gasoline"; or 
193.16     (2) whether or not invoiced and billed as provided in 
193.17  clause (1), is received, sold, stored, or withdrawn from storage 
193.18  by any person, to be used for the purpose of producing or 
193.19  generating power for propelling internal combustion engine 
193.20  aircraft. 
193.21     Sec. 84.  Minnesota Statutes 2004, section 296A.01, 
193.22  subdivision 8, is amended to read: 
193.23     Subd. 8.  [AVIATION TURBINE FUEL AND JET FUEL.] "Aviation 
193.24  turbine fuel" and "jet fuel" mean blends of hydrocarbons derived 
193.25  from crude petroleum, natural gasoline, and synthetic 
193.26  hydrocarbons, intended for use in aviation turbine engines, and 
193.27  that meet the specifications in ASTM specification 
193.28  D1655-01 D1655.04. 
193.29     Sec. 85.  Minnesota Statutes 2004, section 296A.01, 
193.30  subdivision 14, is amended to read: 
193.31     Subd. 14.  [DIESEL FUEL OIL.] "Diesel fuel oil" means a 
193.32  petroleum distillate or blend of petroleum distillate and 
193.33  residual fuels, intended for use as a motor fuel in internal 
193.34  combustion diesel engines, that meets the specifications in ASTM 
193.35  specification D975-01A D975-04b, except that diesel fuel oil is 
193.36  not required to meet the diesel lubricity standard until the 
194.1   date that the biodiesel fuel requirement in section 239.77, 
194.2   subdivision 2, becomes effective or December 31, 2005, whichever 
194.3   comes first.  Diesel fuel includes number 1 and number 2 fuel 
194.4   oils.  K-1 kerosene is not diesel fuel unless it is blended with 
194.5   diesel fuel for use in motor vehicles.  
194.6      Sec. 86.  Minnesota Statutes 2004, section 296A.01, 
194.7   subdivision 19, is amended to read: 
194.8      Subd. 19.  [E85.] "E85" means a petroleum product that is a 
194.9   blend of agriculturally derived denatured ethanol and gasoline 
194.10  or natural gasoline that typically contains 85 percent ethanol 
194.11  by volume, but at a minimum must contain 60 percent ethanol by 
194.12  volume.  For the purposes of this chapter, the energy content of 
194.13  E85 will be considered to be 82,000 BTUs per gallon.  E85 
194.14  produced for use as a motor fuel in alternative fuel vehicles as 
194.15  defined in subdivision 5 must comply with ASTM specification 
194.16  D5798-99 (2004). 
194.17     Sec. 87.  Minnesota Statutes 2004, section 296A.01, 
194.18  subdivision 20, is amended to read: 
194.19     Subd. 20.  [ETHANOL, DENATURED.] "Ethanol, denatured" means 
194.20  ethanol that is to be blended with gasoline, has been 
194.21  agriculturally derived, and complies with ASTM specification 
194.22  D4806-01 D4806-04a.  This includes the requirement that ethanol 
194.23  may be denatured only as specified in Code of Federal 
194.24  Regulations, title 27, parts 20 and 21. 
194.25     Sec. 88.  Minnesota Statutes 2004, section 296A.01, 
194.26  subdivision 22, is amended to read: 
194.27     Subd. 22.  [GAS TURBINE FUEL OIL.] "Gas turbine fuel oil" 
194.28  means fuel that contains mixtures of hydrocarbon oils free of 
194.29  inorganic acid and excessive amounts of solid or fibrous foreign 
194.30  matter, intended for use in nonaviation gas turbine engines, and 
194.31  that meets the specifications in ASTM specification 
194.32  D2880-00 D2880-03. 
194.33     Sec. 89.  Minnesota Statutes 2004, section 296A.01, 
194.34  subdivision 23, is amended to read: 
194.35     Subd. 23.  [GASOLINE.] (a) "Gasoline" means: 
194.36     (1) all products commonly or commercially known or sold as 
195.1   gasoline regardless of their classification or uses, except 
195.2   casinghead gasoline, absorption gasoline, condensation gasoline, 
195.3   drip gasoline, or natural gasoline that under the requirements 
195.4   of section 239.761, subdivision 3, must not be blended with 
195.5   gasoline that has been sold, transferred, or otherwise removed 
195.6   from a refinery or terminal; and 
195.7      (2) any liquid prepared, advertised, offered for sale or 
195.8   sold for use as, or commonly and commercially used as, a fuel in 
195.9   spark-ignition, internal combustion engines, and that when 
195.10  tested by the Weights and Measures Division meets the 
195.11  specifications in ASTM specification D4814-01 D4814-04a. 
195.12     (b) Gasoline that is not blended with ethanol must not be 
195.13  contaminated with water or other impurities and must comply with 
195.14  both ASTM specification D4814-01 D4814-04a and the volatility 
195.15  requirements in Code of Federal Regulations, title 40, part 80. 
195.16     (c) After gasoline is sold, transferred, or otherwise 
195.17  removed from a refinery or terminal, a person responsible for 
195.18  the product: 
195.19     (1) may blend the gasoline with agriculturally derived 
195.20  ethanol, as provided in subdivision 24; 
195.21     (2) must not blend the gasoline with any oxygenate other 
195.22  than denatured, agriculturally derived ethanol; 
195.23     (3) must not blend the gasoline with other petroleum 
195.24  products that are not gasoline or denatured, agriculturally 
195.25  derived ethanol; 
195.26     (4) must not blend the gasoline with products commonly and 
195.27  commercially known as casinghead gasoline, absorption gasoline, 
195.28  condensation gasoline, drip gasoline, or natural gasoline; and 
195.29     (5) may blend the gasoline with a detergent additive, an 
195.30  antiknock additive, or an additive designed to replace 
195.31  tetra-ethyl lead, that is registered by the EPA. 
195.32     Sec. 90.  Minnesota Statutes 2004, section 296A.01, 
195.33  subdivision 24, is amended to read: 
195.34     Subd. 24.  [GASOLINE BLENDED WITH NONETHANOL OXYGENATE.] 
195.35  "Gasoline blended with nonethanol oxygenate" means gasoline 
195.36  blended with ETBE, MTBE, or other alcohol or ether, except 
196.1   denatured ethanol, that is approved as an oxygenate by the EPA, 
196.2   and that complies with ASTM specification D4814-01 D4814-04a.  
196.3   Oxygenates, other than denatured ethanol, must not be blended 
196.4   into gasoline after the gasoline has been sold, transferred, or 
196.5   otherwise removed from a refinery or terminal. 
196.6      Sec. 91.  Minnesota Statutes 2004, section 296A.01, 
196.7   subdivision 25, is amended to read: 
196.8      Subd. 25.  [GASOLINE BLENDED WITH ETHANOL.] "Gasoline 
196.9   blended with ethanol" means gasoline blended with up to ten 
196.10  percent, by volume, agriculturally derived, denatured ethanol.  
196.11  The blend must comply with the volatility requirements in Code 
196.12  of Federal Regulations, title 40, part 80.  The blend must also 
196.13  comply with ASTM specification D4814-01 D4814-04a, or the 
196.14  gasoline base stock from which a gasoline-ethanol blend was 
196.15  produced must comply with ASTM specification D4814-01 D4814-04a; 
196.16  and the gasoline-ethanol blend must not be blended with 
196.17  casinghead gasoline, absorption gasoline, condensation gasoline, 
196.18  drip gasoline, or natural gasoline after the gasoline-ethanol 
196.19  blend has been sold, transferred, or otherwise removed from a 
196.20  refinery or terminal.  The blend need not comply with ASTM 
196.21  specification D4814-01 D4814-04a if it is subjected to a 
196.22  standard distillation test.  For a distillation test, a 
196.23  gasoline-ethanol blend is not required to comply with the 
196.24  temperature specification at the 50 percent liquid recovery 
196.25  point, if the gasoline from which the gasoline-ethanol blend was 
196.26  produced complies with all of the distillation specifications. 
196.27     Sec. 92.  Minnesota Statutes 2004, section 296A.01, 
196.28  subdivision 26, is amended to read: 
196.29     Subd. 26.  [HEATING FUEL OIL.] "Heating fuel oil" means a 
196.30  petroleum distillate, blend of petroleum distillates and 
196.31  residuals, or petroleum residual heating fuel that meets the 
196.32  specifications in ASTM specification D396-01 D396-02a. 
196.33     Sec. 93.  Minnesota Statutes 2004, section 296A.01, 
196.34  subdivision 28, is amended to read: 
196.35     Subd. 28.  [KEROSENE.] "Kerosene" means a refined petroleum 
196.36  distillate consisting of a homogeneous mixture of hydrocarbons 
197.1   essentially free of water, inorganic acidic and basic compounds, 
197.2   and excessive amounts of particulate contaminants and that meets 
197.3   the specifications in ASTM specification D3699-01 D3699-03. 
197.4      Sec. 94.  Minnesota Statutes 2004, section 298.22, is 
197.5   amended by adding a subdivision to read: 
197.6      Subd. 10.  [SALE OR PRIVATIZATION OF FUNCTIONS.] The 
197.7   commissioner of Iron Range resources and rehabilitation may not 
197.8   sell or privatize any project area or function of the agency 
197.9   without prior approval by a majority vote of the board. 
197.10     Sec. 95.  [325F.991] [911 EMERGENCY PHONE SERVICE 
197.11  REPRESENTATIONS.] 
197.12     Subdivision 1.  [DEFINITIONS.] For purposes of this 
197.13  section, the terms defined in this subdivision have the meanings 
197.14  given them.  
197.15     (a) "911 emergency telecommunications system" means a 
197.16  dedicated emergency telecommunications system required by 
197.17  section 403.025. 
197.18     (b) "Person" means an individual, corporation, firm, or 
197.19  other legal entity.  
197.20     (c) "Service provider" means a person doing business in 
197.21  Minnesota who provides real time, two-way voice service 
197.22  interconnected with the public switched telephone network using 
197.23  numbers allocated for Minnesota by the North American Numbering 
197.24  Plan Administration.  
197.25     Subd. 2.  [REPRESENTATIONS OF 911 SERVICE.] A person shall 
197.26  not advertise, market, or otherwise represent that the person 
197.27  furnishes a service capable of providing access to emergency 
197.28  services by dialing 911 unless the person provides a service 
197.29  that routes 911 calls through the 911 emergency 
197.30  telecommunications system.  
197.31     Subd. 3.  [DISCLOSURE.] A service provider that does not 
197.32  provide 911 dialing that routes 911 calls through the 911 
197.33  emergency telecommunications system must disclose that fact in 
197.34  all advertisements, marketing materials, and contracts.  The 
197.35  disclosure must be in capital letters, in 12-point font, and on 
197.36  the front page of the advertisement, marketing materials, and 
198.1   contracts.  The disclosure must state:  "THIS SERVICE DOES NOT 
198.2   ROUTE 911 CALLS THROUGH THE 911 EMERGENCY SYSTEM." 
198.3      Subd. 4.  [CERTAIN CALLS NOT 911 CALLS.] For purposes of 
198.4   this section, 911 calls routed to the general access number at a 
198.5   public safety answering point do not qualify as being routed 
198.6   through a 911 emergency telecommunications system. 
198.7      Sec. 96.  [354B.33] [IRON RANGE RESOURCES AND 
198.8   REHABILITATION; EARLY SEPARATION INCENTIVE PROGRAM 
198.9   AUTHORIZATION.] 
198.10     (a) Notwithstanding any law to the contrary, the 
198.11  commissioner of Iron Range resources and rehabilitation, in 
198.12  consultation with the commissioner of employee relations, may 
198.13  offer a targeted early separation incentive program for 
198.14  employees of the commissioner who have attained the age of 60 
198.15  years and have at least five years of allowable service credit 
198.16  under chapter 352, or who have received credit for at least 30 
198.17  years of allowable service under the provisions of chapter 352. 
198.18     (b) The early separation incentive program may include one 
198.19  or more of the following: 
198.20     (1) employer-paid postseparation health, medical, and 
198.21  dental insurance until age 65; and 
198.22     (2) cash incentives that may, but are not required to be, 
198.23  used to purchase additional years of service credit through the 
198.24  Minnesota State Retirement System, to the extent that the 
198.25  purchases are otherwise authorized by law. 
198.26     (c) The commissioner of Iron Range resources and 
198.27  rehabilitation shall establish eligibility requirements for 
198.28  employees to receive an incentive. 
198.29     (d) The commissioner of Iron Range Resources and 
198.30  Rehabilitation, consistent with the established program 
198.31  provisions under paragraph (b), and with the eligibility 
198.32  requirements under paragraph (c), may designate specific 
198.33  programs or employees as eligible to be offered the incentive 
198.34  program. 
198.35     (e) Acceptance of the offered incentive must be voluntary 
198.36  on the part of the employee and must be in writing.  The 
199.1   incentive may only be offered at the sole discretion of the 
199.2   commissioner of Iron Range resources and rehabilitation. 
199.3      (f) The cost of the incentive is payable solely by funds 
199.4   made available to the commissioner of Iron Range resources and 
199.5   rehabilitation by law, but only on prior approval of the 
199.6   expenditures by a majority of the Iron Range Resources and 
199.7   Rehabilitation Board. 
199.8      (g) This section expires June 30, 2006. 
199.9      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
199.10  following final enactment. 
199.11     Sec. 97.  Minnesota Statutes 2004, section 357.021, 
199.12  subdivision 1a, is amended to read: 
199.13     Subd. 1a.  [TRANSMITTAL OF FEES TO COMMISSIONER OF 
199.14  FINANCE.] (a) Every person, including the state of Minnesota and 
199.15  all bodies politic and corporate, who shall transact any 
199.16  business in the district court, shall pay to the court 
199.17  administrator of said court the sundry fees prescribed in 
199.18  subdivision 2.  Except as provided in paragraph (d), the court 
199.19  administrator shall transmit the fees monthly to the 
199.20  commissioner of finance for deposit in the state treasury and 
199.21  credit to the general fund.  $30 of each fee collected in a 
199.22  dissolution action under subdivision 2, clause (1), must be 
199.23  deposited by the commissioner of finance in the special revenue 
199.24  fund to be appropriated to the commissioner of employment and 
199.25  economic development for the displaced homemaker program under 
199.26  section 116L.96. 
199.27     (b) In a county which has a screener-collector position, 
199.28  fees paid by a county pursuant to this subdivision shall be 
199.29  transmitted monthly to the county treasurer, who shall apply the 
199.30  fees first to reimburse the county for the amount of the salary 
199.31  paid for the screener-collector position.  The balance of the 
199.32  fees collected shall then be forwarded to the commissioner of 
199.33  finance for deposit in the state treasury and credited to the 
199.34  general fund.  In a county in a judicial district under section 
199.35  480.181, subdivision 1, paragraph (b), which has a 
199.36  screener-collector position, the fees paid by a county shall be 
200.1   transmitted monthly to the commissioner of finance for deposit 
200.2   in the state treasury and credited to the general fund.  A 
200.3   screener-collector position for purposes of this paragraph is an 
200.4   employee whose function is to increase the collection of fines 
200.5   and to review the incomes of potential clients of the public 
200.6   defender, in order to verify eligibility for that service. 
200.7      (c) No fee is required under this section from the public 
200.8   authority or the party the public authority represents in an 
200.9   action for: 
200.10     (1) child support enforcement or modification, medical 
200.11  assistance enforcement, or establishment of parentage in the 
200.12  district court, or in a proceeding under section 484.702; 
200.13     (2) civil commitment under chapter 253B; 
200.14     (3) the appointment of a public conservator or public 
200.15  guardian or any other action under chapters 252A and 525; 
200.16     (4) wrongfully obtaining public assistance under section 
200.17  256.98 or 256D.07, or recovery of overpayments of public 
200.18  assistance; 
200.19     (5) court relief under chapter 260; 
200.20     (6) forfeiture of property under sections 169A.63 and 
200.21  609.531 to 609.5317; 
200.22     (7) recovery of amounts issued by political subdivisions or 
200.23  public institutions under sections 246.52, 252.27, 256.045, 
200.24  256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, 260B.331, 
200.25  and 260C.331, or other sections referring to other forms of 
200.26  public assistance; 
200.27     (8) restitution under section 611A.04; or 
200.28     (9) actions seeking monetary relief in favor of the state 
200.29  pursuant to section 16D.14, subdivision 5. 
200.30     (d) The fees collected for child support modifications 
200.31  under subdivision 2, clause (13), must be transmitted to the 
200.32  county treasurer for deposit in the county general fund.  The 
200.33  fees must be used by the county to pay for child support 
200.34  enforcement efforts by county attorneys. 
200.35     Sec. 98.  Minnesota Statutes 2004, section 357.021, 
200.36  subdivision 2, is amended to read: 
201.1      Subd. 2.  [FEE AMOUNTS.] The fees to be charged and 
201.2   collected by the court administrator shall be as follows: 
201.3      (1) In every civil action or proceeding in said court, 
201.4   including any case arising under the tax laws of the state that 
201.5   could be transferred or appealed to the Tax Court, the 
201.6   plaintiff, petitioner, or other moving party shall pay, when the 
201.7   first paper is filed for that party in said action, a fee of 
201.8   $235 $240, except in marriage dissolution actions the fee is 
201.9   $270. 
201.10     The defendant or other adverse or intervening party, or any 
201.11  one or more of several defendants or other adverse or 
201.12  intervening parties appearing separately from the others, shall 
201.13  pay, when the first paper is filed for that party in said 
201.14  action, a fee of $235 $240, except in marriage dissolution 
201.15  actions the fee is $270. 
201.16     The party requesting a trial by jury shall pay $75. 
201.17     The fees above stated shall be the full trial fee 
201.18  chargeable to said parties irrespective of whether trial be to 
201.19  the court alone, to the court and jury, or disposed of without 
201.20  trial, and shall include the entry of judgment in the action, 
201.21  but does not include copies or certified copies of any papers so 
201.22  filed or proceedings under chapter 103E, except the provisions 
201.23  therein as to appeals. 
201.24     (2) Certified copy of any instrument from a civil or 
201.25  criminal proceeding, $10, and $5 for an uncertified copy. 
201.26     (3) Issuing a subpoena, $12 for each name. 
201.27     (4) Filing a motion or response to a motion in civil, 
201.28  family, excluding child support, and guardianship cases, $55.  
201.29     (5) Issuing an execution and filing the return thereof; 
201.30  issuing a writ of attachment, injunction, habeas corpus, 
201.31  mandamus, quo warranto, certiorari, or other writs not 
201.32  specifically mentioned, $40. 
201.33     (6) Issuing a transcript of judgment, or for filing and 
201.34  docketing a transcript of judgment from another court, $30. 
201.35     (7) Filing and entering a satisfaction of judgment, partial 
201.36  satisfaction, or assignment of judgment, $5. 
202.1      (8) Certificate as to existence or nonexistence of 
202.2   judgments docketed, $5 for each name certified to. 
202.3      (9) Filing and indexing trade name; or recording basic 
202.4   science certificate; or recording certificate of physicians, 
202.5   osteopaths, chiropractors, veterinarians, or optometrists, $5. 
202.6      (10) For the filing of each partial, final, or annual 
202.7   account in all trusteeships, $40. 
202.8      (11) For the deposit of a will, $20. 
202.9      (12) For recording notary commission, $100, of which, 
202.10  notwithstanding subdivision 1a, paragraph (b), $80 must be 
202.11  forwarded to the commissioner of finance to be deposited in the 
202.12  state treasury and credited to the general fund. 
202.13     (13) Filing a motion or response to a motion for 
202.14  modification of child support, a fee fixed by rule or order of 
202.15  the Supreme Court.  
202.16     (14) All other services required by law for which no fee is 
202.17  provided, such fee as compares favorably with those herein 
202.18  provided, or such as may be fixed by rule or order of the court. 
202.19     (15) In addition to any other filing fees under this 
202.20  chapter, a surcharge in the amount of $75 must be assessed in 
202.21  accordance with section 259.52, subdivision 14, for each 
202.22  adoption petition filed in district court to fund the fathers' 
202.23  adoption registry under section 259.52. 
202.24     The fees in clauses (3) and (5) need not be paid by a 
202.25  public authority or the party the public authority represents. 
202.26     Sec. 99.  [446A.083] [METHAMPHETAMINE LABORATORY CLEANUP 
202.27  REVOLVING FUND.] 
202.28     Subdivision 1.  [DEFINITIONS.] As used in this section: 
202.29     (1) "clandestine lab site" has the meaning given in section 
202.30  152.0275, subdivision 1, paragraph (a); 
202.31     (2) "property" has the meaning given in section 152.0275, 
202.32  subdivision 2, paragraph (a), but does not include motor 
202.33  vehicles; and 
202.34     (3) "remediate" has the meaning given to remediation in 
202.35  section 152.0275, subdivision 1, paragraph (a).  
202.36     Subd. 2.  [FUND ESTABLISHED.] The authority shall establish 
203.1   a methamphetamine laboratory cleanup revolving fund to provide 
203.2   loans to counties and cities to remediate clandestine lab 
203.3   sites.  The fund must be credited with repayments.  
203.4      Subd. 3.  [APPLICATIONS.] Applications by a county or city 
203.5   for a loan from the fund must be made to the authority on the 
203.6   forms prescribed by the authority.  The application must 
203.7   include, but is not limited to:  
203.8      (1) the amount of the loan requested and the proposed use 
203.9   of the loan proceeds; 
203.10     (2) the source of revenues to repay the loan; and 
203.11     (3) certification by the county or city that it meets the 
203.12  loan eligibility requirements of subdivision 4.  
203.13     Subd. 4.  [LOAN ELIGIBILITY.] A county or city is eligible 
203.14  for a loan under this section if the county or city: 
203.15     (1) identifies a site or sites designated by a local public 
203.16  health department or law enforcement as a clandestine lab site; 
203.17     (2) has required the site's property owner to remediate the 
203.18  site at cost, under a local public health nuisance ordinance 
203.19  that addresses clandestine lab remediation; 
203.20     (3) certifies that the property owner cannot pay for the 
203.21  remediation immediately; 
203.22     (4) certifies that the property owner has not properly 
203.23  remediated the site; and 
203.24     (5) issues a revenue bond payable to the authority to 
203.25  secure the loan.  
203.26     Subd. 5.  [USE OF LOAN PROCEEDS; REIMBURSEMENT BY PROPERTY 
203.27  OWNER.] (a) A loan recipient shall use the loan to remediate the 
203.28  clandestine lab site or if this has already been done to 
203.29  reimburse the applicable county or city fund for costs paid by 
203.30  the recipient to remediate the clandestine lab site.  
203.31     (b) A loan recipient shall seek reimbursement from the 
203.32  owner of the property containing the clandestine lab site for 
203.33  the costs of the remediation.  In addition to other lawful means 
203.34  of seeking reimbursement, the loan recipient may recover its 
203.35  costs through a property tax assessment by following the 
203.36  procedures specified in section 145A.08, subdivision 2, 
204.1   paragraph (c).  
204.2      Subd. 6.  [AWARD AND DISBURSEMENT OF FUNDS.] The authority 
204.3   shall award loans to recipients on a first-come, first-served 
204.4   basis, provided that the recipient is able to comply with the 
204.5   terms and conditions of the authority loan, which must be in 
204.6   conformance with this section.  The authority shall make a 
204.7   single disbursement of the loan upon receipt of a payment 
204.8   request that includes a list of remediation expenses and 
204.9   evidence that a second-party sampling was undertaken to ensure 
204.10  that the remediation work was successful or a guarantee that 
204.11  such a sampling will be undertaken.  
204.12     Subd. 7.  [LOAN CONDITIONS AND TERMS.] (a) When making 
204.13  loans from the revolving fund, the authority shall comply with 
204.14  the criteria in paragraphs (b) to (e).  
204.15     (b) Loans must be made at a two percent per annum interest 
204.16  rate for terms not to exceed ten years unless the recipient 
204.17  requests a 20-year term due to financial hardship. 
204.18     (c) The annual principal and interest payments must begin 
204.19  no later than one year after completion of the clean up.  Loans 
204.20  must be amortized no later than 20 years after completion of the 
204.21  clean up.  
204.22     (d) A loan recipient must identify and establish a source 
204.23  of revenue for repayment of the loan and must undertake whatever 
204.24  steps are necessary to collect payments within one year of 
204.25  receipt of funds from the authority.  
204.26     (e) The fund must be credited with all payments of 
204.27  principal and interest on all loans, except the costs as 
204.28  permitted under section 446A.04, subdivision 5, paragraph (a). 
204.29     (f) Loans must be made only to recipients with a local 
204.30  public health nuisance ordinance that addresses clandestine lab 
204.31  remediation. 
204.32     Subd. 8.  [AUTHORITY TO INCUR DEBT.] Counties and cities 
204.33  may incur debt under this section by resolution of the board or 
204.34  council authorizing issuance of a revenue bond to the authority. 
204.35     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005.  
204.36     Sec. 100.  Minnesota Statutes 2004, section 469.050, 
205.1   subdivision 5, is amended to read: 
205.2      Subd. 5.  [PAY.] A commissioner, including the president, 
205.3   must be paid $35 $55 for each regular or special port authority 
205.4   meeting attended and shall receive reimbursement for expenses 
205.5   incurred while performing duties.  The advisory members of the 
205.6   Duluth authority from the legislature must not be paid for their 
205.7   service to the authority. 
205.8      Sec. 101.  Minnesota Statutes 2004, section 469.1082, 
205.9   subdivision 1, is amended to read: 
205.10     Subdivision 1.  [AUTHORITY TO CREATE.] A county located 
205.11  outside the metropolitan area may form a county economic 
205.12  development authority or grant a housing and redevelopment 
205.13  authority the powers specified in subdivision 4, clause (2), if 
205.14  it receives a recommendation to do so from a committee formed 
205.15  under subdivision 2.  An economic development authority 
205.16  established under this section has all the powers and rights of 
205.17  an authority under sections 469.090 to 469.1081, except the 
205.18  authority granted under section 469.094 if so limited under 
205.19  subdivision 4.  This section is in addition to any other 
205.20  authority to create a county economic development authority or 
205.21  service provider.  
205.22     Sec. 102.  Minnesota Statutes 2004, section 469.310, 
205.23  subdivision 11, is amended to read: 
205.24     Subd. 11.  [QUALIFIED BUSINESS.] (a) "Qualified business" 
205.25  means A person carrying on a trade or business at a place of 
205.26  business located within a job opportunity building zone is a 
205.27  qualified business for the purposes of sections 469.310 to 
205.28  469.320 according to the criteria in paragraphs (b) to (f).  
205.29     (b) A person is a qualified business only on those parcels 
205.30  of land for which the person has entered into a business subsidy 
205.31  agreement, as required under section 469.313, with the 
205.32  appropriate local government unit in which the parcels are 
205.33  located. 
205.34     (c) Prior to execution of the business subsidy agreement, 
205.35  the local government unit must consider the following factors: 
205.36     (1) how wages compare to the regional industry average; 
206.1      (2) the number of jobs that will be provided relative to 
206.2   overall employment in the community; 
206.3      (3) the economic outlook for the industry the business will 
206.4   engage in; 
206.5      (4) sales that will be generated from outside the state of 
206.6   Minnesota; 
206.7      (5) how the business will build on existing regional 
206.8   strengths or diversify the regional economy; 
206.9      (6) how the business will increase capital investment in 
206.10  the zone; and 
206.11     (7) any other criteria the commissioner deems necessary. 
206.12     (b) (d) A person that relocates a trade or business from 
206.13  outside a job opportunity building zone into a zone is not a 
206.14  qualified business, unless the business meets all of the 
206.15  requirements of paragraphs (b) and (c) and: 
206.16     (1)(i) increases full-time employment in the first full 
206.17  year of operation within the job opportunity building zone by at 
206.18  least a minimum of five jobs or 20 percent, whichever is 
206.19  greater, measured relative to the operations that were relocated 
206.20  and maintains the required level of employment for each year the 
206.21  zone designation applies; or 
206.22     (ii) makes a capital investment in the property located 
206.23  within a zone equivalent to ten percent of the gross revenues of 
206.24  operation that were relocated in the immediately preceding 
206.25  taxable year; and 
206.26     (2) enters a binding written agreement with the 
206.27  commissioner that: 
206.28     (i) pledges the business will meet the requirements of 
206.29  clause (1); 
206.30     (ii) provides for repayment of all tax benefits enumerated 
206.31  under section 469.315 to the business under the procedures in 
206.32  section 469.319, if the requirements of clause (1) are not met 
206.33  for the taxable year or for taxes payable during the year in 
206.34  which the requirements were not met; and 
206.35     (iii) contains any other terms the commissioner determines 
206.36  appropriate. 
207.1      (e) The commissioner may waive the requirements under 
207.2   paragraph (d), clause (1), if the commissioner determines that 
207.3   the qualified business will substantially achieve the factors 
207.4   under this subdivision. 
207.5      (f) A business is not a qualified business if, at its 
207.6   location or locations in the zone, the business is primarily 
207.7   engaged in making retail sales to purchasers who are physically 
207.8   present at the business's zone location. 
207.9      (g) A qualifying business must pay each employee 
207.10  compensation, including benefits not mandated by law, that on an 
207.11  annualized basis is equal to at least 110 percent of the federal 
207.12  poverty level for a family of four. 
207.13     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
207.14  following final enactment and applies to any business entering a 
207.15  business subsidy agreement for a job opportunity development 
207.16  zone after that date, except that paragraph (b) is effective 
207.17  retroactively from June 9, 2003. 
207.18     Sec. 103.  Minnesota Statutes 2004, section 469.319, 
207.19  subdivision 1, is amended to read: 
207.20     Subdivision 1.  [REPAYMENT OBLIGATION.] A business must 
207.21  repay the amount of the total tax reduction listed in section 
207.22  469.315 and any refund under section 469.318 in excess of tax 
207.23  liability, received during the two years immediately before it 
207.24  ceased to operate in the zone, if the business: 
207.25     (1) received tax reductions authorized by section 469.315; 
207.26  and 
207.27     (2)(i) did not meet the goals specified in an agreement 
207.28  entered into with the applicant that states any obligation the 
207.29  qualified business must fulfill in order to be eligible for tax 
207.30  benefits.  The commissioner of employment and economic 
207.31  development may extend for up to one year the period for meeting 
207.32  any goals provided in an agreement.  The applicant may extend 
207.33  the period for meeting other goals by documenting in writing the 
207.34  reason for the extension and attaching a copy of the document to 
207.35  its next annual report to the commissioner of employment and 
207.36  economic development; or 
208.1      (ii) ceased to operate its facility located within the job 
208.2   opportunity building zone or otherwise ceases to be or is not a 
208.3   qualified business. 
208.4      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
208.5   following final enactment. 
208.6      Sec. 104.  Minnesota Statutes 2004, section 469.319, is 
208.7   amended by adding a subdivision to read: 
208.8      Subd. 6.  [RECONCILIATION.] Where this section is 
208.9   inconsistent with section 116J.994, subdivision 3, paragraph 
208.10  (e), or 6, or any other provisions of sections 116J.993 to 
208.11  116J.995, this section prevails. 
208.12     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
208.13  following final enactment. 
208.14     Sec. 105.  Minnesota Statutes 2004, section 469.320, 
208.15  subdivision 3, is amended to read: 
208.16     Subd. 3.  [REMEDIES.] If the commissioner determines, based 
208.17  on a report filed under subdivision 1 or other available 
208.18  information, that a zone or subzone is failing to meet its 
208.19  performance goals, the commissioner may take any actions the 
208.20  commissioner determines appropriate, including modification of 
208.21  the boundaries of the zone or a subzone or termination of the 
208.22  zone or a subzone.  Before taking any action, the commissioner 
208.23  shall consult with the applicant and the affected local 
208.24  government units, including notifying them of the proposed 
208.25  actions to be taken.  The commissioner shall publish any order 
208.26  modifying a zone in the State Register and on the Internet.  The 
208.27  applicant may appeal the commissioner's order under the 
208.28  contested case procedures of chapter 14. 
208.29     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
208.30  following final enactment. 
208.31     Sec. 106.  Minnesota Statutes 2004, section 469.330, 
208.32  subdivision 11, is amended to read: 
208.33     Subd. 11.  [QUALIFIED BUSINESS.] (a) "Qualified business" 
208.34  means a person carrying on a trade or business at a 
208.35  biotechnology and health sciences industry facility located 
208.36  within a biotechnology and health sciences industry zone.  A 
209.1   person is a qualified business only on those parcels of land for 
209.2   which it has entered into a business subsidy agreement, as 
209.3   required under section 469.333, with the appropriate local 
209.4   government unit in which the parcels are located. 
209.5      (b) A person that relocates a biotechnology and health 
209.6   sciences industry facility from outside a biotechnology and 
209.7   health sciences industry zone into a zone is not a qualified 
209.8   business, unless the business: 
209.9      (1)(i) increases full-time employment in the first full 
209.10  year of operation within the biotechnology and health sciences 
209.11  industry zone by at least 20 percent measured relative to the 
209.12  operations that were relocated and maintains the required level 
209.13  of employment for each year the zone designation applies; or 
209.14     (ii) makes a capital investment in the property located 
209.15  within a zone equivalent to ten percent of the gross revenues of 
209.16  operation that were relocated in the immediately preceding 
209.17  taxable year; and 
209.18     (2) enters a binding written agreement with the 
209.19  commissioner that: 
209.20     (i) pledges the business will meet the requirements of 
209.21  clause (1); 
209.22     (ii) provides for repayment of all tax benefits enumerated 
209.23  under section 469.336 to the business under the procedures in 
209.24  section 469.340, if the requirements of clause (1) are not met; 
209.25  and 
209.26     (iii) contains any other terms the commissioner determines 
209.27  appropriate. 
209.28     <b>[EFFECTIVE DATE.]</b> This section is effective retroactively 
209.29  from June 9, 2003. 
209.30     Sec. 107.  Minnesota Statutes 2004, section 469.340, 
209.31  subdivision 1, is amended to read: 
209.32     Subdivision 1.  [REPAYMENT OBLIGATION.] A business must 
209.33  repay the amount of the tax reduction listed in section 469.336 
209.34  and any refunds under sections 469.338 and 469.339 in excess of 
209.35  tax liability, received during the two years immediately before 
209.36  it ceased to operate in the zone, if the business: 
210.1      (1) received tax reductions authorized by section 469.336; 
210.2   and 
210.3      (2)(i) did not meet the goals specified in an agreement 
210.4   entered into with the applicant that states any obligation the 
210.5   qualified business must fulfill in order to be eligible for tax 
210.6   benefits.  The commissioner of employment and economic 
210.7   development may extend for up to one year the period for meeting 
210.8   any goals provided in an agreement.  The applicant may extend 
210.9   the period for meeting other goals by documenting in writing the 
210.10  reason for the extension and attaching a copy of the document to 
210.11  its next annual report to the commissioner of employment and 
210.12  economic development; or 
210.13     (ii) ceased to operate its facility located within the 
210.14  biotechnology and health sciences industry zone or otherwise 
210.15  ceases to be or is not a qualified business. 
210.16     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
210.17  following final enactment. 
210.18     Sec. 108.  Minnesota Statutes 2004, section 474A.061, 
210.19  subdivision 2c, is amended to read: 
210.20     Subd. 2c.  [PUBLIC FACILITIES POOL ALLOCATION.] From the 
210.21  beginning of the calendar year and continuing for a period of 
210.22  120 days, the commissioner shall reserve $3,000,000 $5,000,000 
210.23  of the available bonding authority from the public facilities 
210.24  pool for applications for public facilities projects to be 
210.25  financed by the Western Lake Superior Sanitary District.  
210.26  Commencing on the second Tuesday in January and continuing on 
210.27  each Monday through the last Monday in July, the commissioner 
210.28  shall allocate available bonding authority from the public 
210.29  facilities pool to applications for eligible public facilities 
210.30  projects received on or before the Monday of the preceding 
210.31  week.  If there are two or more applications for public 
210.32  facilities projects from the pool and there is insufficient 
210.33  available bonding authority to provide allocations for all 
210.34  projects in any one week, the available bonding authority shall 
210.35  be awarded by lot unless otherwise agreed to by the respective 
210.36  issuers. 
211.1      Sec. 109.  Minnesota Statutes 2004, section 517.08, 
211.2   subdivision 1b, is amended to read: 
211.3      Subd. 1b.  [TERM OF LICENSE; FEE; PREMARITAL EDUCATION.] 
211.4   (a) The local registrar shall examine upon oath the party 
211.5   applying for a license relative to the legality of the 
211.6   contemplated marriage.  If at the expiration of a five-day 
211.7   period, on being satisfied that there is no legal impediment to 
211.8   it, including the restriction contained in section 259.13, the 
211.9   local registrar shall issue the license, containing the full 
211.10  names of the parties before and after marriage, and county and 
211.11  state of residence, with the county seal attached, and make a 
211.12  record of the date of issuance.  The license shall be valid for 
211.13  a period of six months.  In case of emergency or extraordinary 
211.14  circumstances, a judge of the district court of the county in 
211.15  which the application is made, may authorize the license to be 
211.16  issued at any time before the expiration of the five days.  
211.17  Except as provided in paragraph (b), the local registrar shall 
211.18  collect from the applicant a fee of $85 $100 for administering 
211.19  the oath, issuing, recording, and filing all papers required, 
211.20  and preparing and transmitting to the state registrar of vital 
211.21  statistics the reports of marriage required by this section.  If 
211.22  the license should not be used within the period of six months 
211.23  due to illness or other extenuating circumstances, it may be 
211.24  surrendered to the local registrar for cancellation, and in that 
211.25  case a new license shall issue upon request of the parties of 
211.26  the original license without fee.  A local registrar who 
211.27  knowingly issues or signs a marriage license in any manner other 
211.28  than as provided in this section shall pay to the parties 
211.29  aggrieved an amount not to exceed $1,000. 
211.30     (b) The marriage license fee for parties who have completed 
211.31  at least 12 hours of premarital education is $20 $30.  In order 
211.32  to qualify for the reduced fee, the parties must submit a signed 
211.33  and dated statement from the person who provided the premarital 
211.34  education confirming that it was received.  The premarital 
211.35  education must be provided by a licensed or ordained minister or 
211.36  the minister's designee, a person authorized to solemnize 
212.1   marriages under section 517.18, or a person authorized to 
212.2   practice marriage and family therapy under section 148B.33.  The 
212.3   education must include the use of a premarital inventory and the 
212.4   teaching of communication and conflict management skills.  
212.5      (c) The statement from the person who provided the 
212.6   premarital education under paragraph (b) must be in the 
212.7   following form:  
212.8      "I, (name of educator), confirm that (names of both 
212.9   parties) received at least 12 hours of premarital education that 
212.10  included the use of a premarital inventory and the teaching of 
212.11  communication and conflict management skills.  I am a licensed 
212.12  or ordained minister, a person authorized to solemnize marriages 
212.13  under Minnesota Statutes, section 517.18, or a person licensed 
212.14  to practice marriage and family therapy under Minnesota 
212.15  Statutes, section 148B.33." 
212.16     The names of the parties in the educator's statement must 
212.17  be identical to the legal names of the parties as they appear in 
212.18  the marriage license application.  Notwithstanding section 
212.19  138.17, the educator's statement must be retained for seven 
212.20  years, after which time it may be destroyed.  
212.21     (d) If section 259.13 applies to the request for a marriage 
212.22  license, the local registrar shall grant the marriage license 
212.23  without the requested name change.  Alternatively, the local 
212.24  registrar may delay the granting of the marriage license until 
212.25  the party with the conviction: 
212.26     (1) certifies under oath that 30 days have passed since 
212.27  service of the notice for a name change upon the prosecuting 
212.28  authority and, if applicable, the attorney general and no 
212.29  objection has been filed under section 259.13; or 
212.30     (2) provides a certified copy of the court order granting 
212.31  it.  The parties seeking the marriage license shall have the 
212.32  right to choose to have the license granted without the name 
212.33  change or to delay its granting pending further action on the 
212.34  name change request. 
212.35     Sec. 110.  Minnesota Statutes 2004, section 517.08, 
212.36  subdivision 1c, is amended to read: 
213.1      Subd. 1c.  [DISPOSITION OF LICENSE FEE.] (a) Of the 
213.2   marriage license fee collected pursuant to subdivision 1b, 
213.3   paragraph (a), $15 must be retained by the county.  The local 
213.4   registrar must pay $70 $85 to the commissioner of finance to be 
213.5   deposited as follows: 
213.6      (1) $50 in the general fund; 
213.7      (2) $3 in the special revenue fund to be appropriated to 
213.8   the commissioner of education for parenting time centers under 
213.9   section 119A.37; 
213.10     (3) $2 in the special revenue fund to be appropriated to 
213.11  the commissioner of health for developing and implementing the 
213.12  MN ENABL program under section 145.9255; 
213.13     (4) $10 $25 in the special revenue fund to be appropriated 
213.14  to the commissioner of employment and economic development for 
213.15  the displaced homemaker program under section 116L.96; and 
213.16     (5) $5 in the special revenue fund to be appropriated to 
213.17  the commissioner of human services for the Minnesota Healthy 
213.18  Marriage and Responsible Fatherhood Initiative under section 
213.19  256.742. 
213.20     (b) Of the $20 $30 fee under subdivision 1b, paragraph (b), 
213.21  $15 must be retained by the county.  The local registrar must 
213.22  pay $5 $15 to the commissioner of finance to be distributed 
213.23  deposited as follows: 
213.24     (1) $5 as provided in paragraph (a), clauses (2) and (3); 
213.25  and 
213.26     (2) $10 in the special revenue fund to be appropriated to 
213.27  the commissioner of employment and economic development for the 
213.28  displaced homemaker program under section 116L.96. 
213.29     (c) The increase in the marriage license fee under 
213.30  paragraph (a) provided for in Laws 2004, chapter 273, and 
213.31  disbursement of the increase in that fee to the special fund for 
213.32  the Minnesota Healthy Marriage and Responsible Fatherhood 
213.33  Initiative under paragraph (a), clause (5), is contingent upon 
213.34  the receipt of federal funding under United States Code, title 
213.35  42, section 1315, for purposes of the initiative. 
213.36     Sec. 111.  Laws 1999, chapter 224, section 7, as amended by 
214.1   Laws 2004, chapter 261, article 6, section 3, is amended to read:
214.2      Sec. 7.  [SUNSET.] 
214.3      Sections 2 and 4 expire on August 1, 2005 2006, and 
214.4   Minnesota Statutes 1998, sections 237.63, 237.65, and 237.68, 
214.5   expire on December 31, 2004. 
214.6      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
214.7   following final enactment. 
214.8      Sec. 112.  [TRANSITION PERIOD FOR CHIROPRACTOR AND PHYSICAL 
214.9   THERAPIST WORKERS' COMPENSATION FEE MAXIMUMS.] 
214.10     The requirement that the maximum fees for chiropractors and 
214.11  physical therapists under Minnesota Statutes, section 176.136, 
214.12  subdivision 1a, be the same as for medical physicians must be 
214.13  phased in over three years commencing January 1, 2006.  On 
214.14  January 1, 2006, the difference in those maximum fees must be 
214.15  reduced by one-third, on January 1, 2007, by another one-third, 
214.16  and on January 1, 2008, the difference must be eliminated and 
214.17  the maximum fees made the same.  
214.18     To ensure that the fee adjustments mandated by this section 
214.19  do not increase costs to the workers' compensation system, the 
214.20  commissioner of labor and industry shall on October 1, 2005, 
214.21  2006, and 2007, reduce the annual adjustment in the conversion 
214.22  factors under Minnesota Statutes, section 176.136, subdivision 
214.23  1a, so that savings in medical fee costs caused by the reduction 
214.24  approximately equal the increase in costs caused by the 
214.25  increased maximum fees provided by this section.  The actual 
214.26  fees shall be determined without application of any scaling 
214.27  factors, but shall not exceed the provider's uniform, customary, 
214.28  and reasonable fee. 
214.29     Sec. 113.  [SESQUICENTENNIAL COMMISSION.] 
214.30     Subdivision 1.  [COMMISSION; PURPOSE.] The Minnesota 
214.31  Sesquicentennial Commission is established to plan for 
214.32  activities relating to Minnesota's 150th anniversary of 
214.33  statehood.  The commission shall create a plan for capital 
214.34  improvements, celebratory activities, and public engagement in 
214.35  every county in the state of Minnesota. 
214.36     Subd. 2.  [MEMBERSHIP.] The commission shall consist of 17 
215.1   members who shall serve until the completion of the 
215.2   sesquicentennial year of statehood, appointed as follows: 
215.3      (1) nine members appointed by the governor, representing 
215.4   major corporate, nonprofit, and public sectors of the state, 
215.5   selected from all parts of the state; 
215.6      (2) two members appointed by the speaker of the house of 
215.7   representatives; 
215.8      (3) two members appointed by the minority leader of the 
215.9   house of representatives; 
215.10     (4) two members from the majority party in the senate, 
215.11  appointed by the Subcommittee on Committees; and 
215.12     (5) two members from the minority party in the senate, 
215.13  appointed by the Subcommittee on Committees. 
215.14     Subd. 3.  [COMPENSATION; OPERATION.] The governor shall 
215.15  appoint a chair from the membership of the commission.  The 
215.16  chair shall convene the first meeting and set the agenda for the 
215.17  commission.  The Minnesota Historical Society shall provide 
215.18  office space and staff support for the commission, and shall 
215.19  cooperate with the University of Minnesota and Minnesota State 
215.20  Colleges and Universities to support the programs of the 
215.21  commission.  Meetings shall be at the call of the chair and must 
215.22  be convened at least quarterly.  The commission may appoint an 
215.23  advisory council to advise and assist the commission with its 
215.24  duties.  Members shall receive no compensation for service on 
215.25  the Sesquicentennial Commission.  Members appointed by the 
215.26  governor may be reimbursed for expenses under Minnesota 
215.27  Statutes, section 15.059, subdivision 3. 
215.28     Subd. 4.  [DUTIES.] The commission shall have the following 
215.29  duties: 
215.30     (1) to present to the governor, senate and house of 
215.31  representatives committees with jurisdiction over the Minnesota 
215.32  Historical Society, and the Minnesota Historical Society a plan 
215.33  for grants to pay for capital improvements on Minnesota's 
215.34  historic public and private buildings, to be known as 
215.35  sesquicentennial grants; 
215.36     (2) to seek funding for activities to celebrate the 150th 
216.1   anniversary of statehood, and to form partnerships with private 
216.2   parties to further this mission; and 
216.3      (3) to present an annual report to the governor, 
216.4   legislative committees identified in clause (1), and the 
216.5   Minnesota Historical Society outlining progress made towards the 
216.6   celebration of the sesquicentennial. 
216.7      Subd. 5.  [EXPIRATION.] The commission shall continue to 
216.8   operate until January 30, 2009, at which time it shall expire. 
216.9      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
216.10  following final enactment. 
216.11     Sec. 114.  [EXTENDED EMPLOYMENT PROGRAM WAGE RATES.] 
216.12     The commissioner of employment and economic development 
216.13  must study the issue of the appropriate level of wages to be 
216.14  paid to participants in extended employment programs under 
216.15  Minnesota Statutes, chapter 268A.  The commissioner must consult 
216.16  with employers, rehabilitation facilities, program participants 
216.17  and their parents or legal guardians, advocacy groups, other 
216.18  involved government agencies, and others the commissioner 
216.19  determines necessary.  The commissioner shall report the results 
216.20  of the study along with any recommendations by February 1, 2006, 
216.21  to the chairs of the legislative committees with fiscal or 
216.22  policy jurisdiction over those extended employment programs. 
216.23     Sec. 115.  [REVISOR'S INSTRUCTION.] 
216.24     (a) The revisor of statutes shall insert a first grade 
216.25  headnote prior to Minnesota Statutes, section 181.722, that 
216.26  reads "MISREPRESENTATION OF EMPLOYMENT RELATIONSHIPS." 
216.27     (b) The revisor of statutes shall renumber Minnesota 
216.28  Statutes, section 239.05, as section 239.051, alphabetize the 
216.29  definitions, and correct any cross-references to that section 
216.30  accordingly. 
216.31     Sec. 116.  [REPEALER.] 
216.32     (a) Minnesota Statutes 2004, sections 116J.573; 178.12; and 
216.33  239.05, subdivisions 6a and 6b, are repealed. 
216.34     (b) Laws 1999, chapter 125, section 4, as amended by Laws 
216.35  2002, chapter 398, section 7, is repealed. 
216.36     Sec. 117.  [EFFECTIVE DATE.] 
217.1      Sections 12 to 22 and 25 are effective January 1, 2006, and 
217.2   apply to service contracts issued on or after that date.  A 
217.3   provider transacting business in this state on or before the 
217.4   date of the enactment of this chapter, which submits an 
217.5   application for registration as a provider under Minnesota 
217.6   Statutes, section 59B.03, subdivision 3, within 30 days after 
217.7   the commissioner makes the application available, may continue 
217.8   to transact business in this state until final agency action is 
217.9   taken by the commissioner regarding the registration application 
217.10  and all rights to administrative and judicial review related to 
217.11  that final agency action have been exhausted or have expired.