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, by
1.34 	adding a subdivision; 85.43; 86B.415, by adding a
1.35 	subdivision; 88.6435, subdivision 4; 89.039,
1.36 	subdivision 1; 89.37, by adding a subdivision; 90.195;
1.37 	97A.055, subdivision 4b; 97A.061, subdivision 1;
1.38 	97A.075, subdivision 3; 97A.4742, subdivision 4;
1.39 	97A.482; 97A.485, subdivision 7; 97A.551, by adding a
1.40 	subdivision; 97B.015, subdivision 7; 97B.025; 97C.085;
1.41 	103E.081, by adding subdivisions; 103G.271,
1.42 	subdivision 6; 103G.301, subdivision 2; 103G.615,
1.43 	subdivision 2; 103I.681, subdivision 11; 115.03,
1.44 	subdivision 4a; 115.55, subdivision 5; 115.551;
1.45 	115B.48, subdivision 8; 115B.49, by adding a
1.46 	subdivision; 115C.07, subdivision 3; 115C.09,
2.1 	subdivisions 3h, 3j; 115C.13; 116J.571; 116J.572;
2.2 	116J.574; 116J.575; 116L.20, subdivision 1; 116L.30,
2.3 	subdivisions 1, 2, by adding subdivisions; 116O.09,
2.4 	subdivision 1a; 116P.05, subdivision 2; 129D.02,
2.5 	subdivision 3; 160.232; 161.1419, subdivision 2, by
2.6 	adding a subdivision; 168.1296, subdivision 1;
2.7 	176.136, subdivision 1a; 183.41, by adding a
2.8 	subdivision; 183.411, subdivisions 2a, 3; 183.42;
2.9 	183.44, subdivision 1; 183.51, subdivision 2, by
2.10 	adding a subdivision; 183.545; 183.57; 216B.2424,
2.11 	subdivisions 1, 2, 5a, 6, 8, by adding a subdivision;
2.12 	223.17, subdivision 3; 231.16; 232.22, subdivision 3;
2.13 	236.02, subdivision 4; 237.11; 237.295, subdivisions
2.14 	1, 2; 237.701, subdivision 1; 239.011, subdivision 2;
2.15 	239.05, subdivision 10b, by adding a subdivision;
2.16 	239.09; 239.101, subdivision 3; 239.75, subdivisions
2.17 	1, 5; 239.761; 239.77, by adding a subdivision;
2.18 	239.79, subdivision 4; 239.791, subdivisions 1, 7, 8,
2.19 	15; 239.792; 282.08; 282.38, subdivision 1; 296A.01,
2.20 	subdivisions 2, 7, 8, 14, 19, 20, 22, 23, 24, 25, 26,
2.21 	28; 296A.18, subdivision 2; 298.22, by adding a
2.22 	subdivision; 325E.311, subdivision 6; 357.021,
2.23 	subdivisions 1a, 2; 462.357, subdivision 1e; 469.050,
2.24 	subdivision 5; 469.1082, subdivision 1; 469.310,
2.25 	subdivision 11; 469.319, subdivision 1, by adding a
2.26 	subdivision; 469.320, subdivision 3; 469.330,
2.27 	subdivision 11; 469.340, subdivision 1; 473.197,
2.28 	subdivision 4; 474A.061, subdivision 2c; 517.08,
2.29 	subdivisions 1b, 1c; Laws 1999, chapter 224, section
2.30 	7, as amended; Laws 2003, chapter 128, article 1,
2.31 	section 9, subdivision 6; proposing coding for new law
2.32 	in Minnesota Statutes, chapters 25; 41B; 45; 86B; 97C;
2.33 	103F; 116P; 181; 219; 237; 325F; 354B; 446A; 473;
2.34 	proposing coding for new law as Minnesota Statutes,
2.35 	chapters 59B; 87A; repealing Minnesota Statutes 2004,
2.36 	sections 18B.065, subdivision 5; 19.64, subdivision
2.37 	4a; 41B.046, subdivision 3; 84.901; 115B.49,
2.38 	subdivision 4a; 116J.573; 178.12; 239.05, subdivisions
2.39 	6a, 6b; 473.156; 473.197, subdivisions 1, 2, 3, 5;
2.40 	Laws 1999, chapter 125, section 4, as amended.
2.41 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.42 	ARTICLE 1
2.43 	ENVIRONMENT, NATURAL RESOURCES, AND AGRICULTURE

2.44 	Section 1. ENVIRONMENT, NATURAL RESOURCES, AND AGRICULTURE
2.45 	APPROPRIATIONS.
 2.46 	The sums in the columns marked "APPROPRIATIONS" are added
2.47 	to, or if shown in parentheses, are subtracted from the
2.48 	appropriations to the specific agencies in 2005 S.F. No. 1879,
2.49 	article 6, if enacted.  The appropriations are from the general
2.50 	fund, unless another fund is named, and are available for the
2.51 	fiscal year indicated for each purpose.  The figures "2006" and
2.52 	"2007," where used in this article, mean that the appropriation
2.53 	or appropriations listed under them are available for the year
2.54 	ending June 30, 2006, or June 30, 2007, respectively.  The term
2.55 	"the first year" means the year ending June 30, 2006, and the
3.1 	term "the second year" means the year ending June 30, 2007.  The
3.2 	biennium is fiscal years 2006 and 2007.
3.3 	SUMMARY BY FUND
3.4 	2006          2007           TOTAL
3.5 	General            $      (77,000)$     (845,000)$     (922,000)
3.6 	Environmental           8,832,000      9,139,000     17,971,000
3.7 	Natural
3.8 	Resources               9,741,000      8,255,000     17,996,000
3.9 	Game and Fish           3,262,000      3,111,000      6,373,000
3.10 	Great Lakes
3.11 	Protection                 28,000        -0-             28,000
3.12 	Environment and
3.13 	Natural Resources      18,829,000     18,829,000     37,658,000
3.14 	Remediation                35,000         35,000         70,000
3.15 	Bond Proceeds          18,000,000        -0-         18,000,000
3.16 	Permanent School           50,000         50,000        100,000
3.17 	TOTAL               $  58,700,000 $   38,574,000  $  97,274,000

3.18 	Sec. 2. POLLUTION CONTROL
3.19 	AGENCY
 3.20 		Subdivision 1.Total
3.21 	Appropriation                         $6,428,000    $6,735,000
3.22 	Summary by Fund
3.23 	General              (2,404,000)   (2,404,000)
3.24 	Environmental         8,832,000     9,139,000
3.25 	The amounts that may be spent from this
3.26 	appropriation for each program are
3.27 	specified in the following subdivisions.
3.28 		Subd. 2.Water
3.29 	6,296,000      6,296,000
3.30 	Summary by Fund
3.31 	General              (2,004,000)   (2,004,000)
3.32 	Environmental         8,300,000     8,300,000
3.33 		Subd. 3.Air
3.34 	532,000        839,000
3.35 	Summary by Fund
3.36 	Environmental           532,000       839,000
3.37 		Subd. 4.Land
3.38 	$8,300,000 each year is transferred
3.39 	from the remediation fund to the
3.40 	environmental fund.  This is a onetime
3.41 	transfer.
4.1 	Of the money appropriated from the
4.2 	remediation fund under Minnesota
4.3 	Statutes, section 116.155, subdivision
4.4 	2, $6,800,000 for the biennium must be
4.5 	used for cleanup at Mankato Plating,
4.6 	Gopher Oil, Whiteway Cleaners, Reserve
4.7 	Mining, Valentine Clark, and old
4.8 	unpermitted solid waste disposal
4.9 	facilities.
4.10 		Subd. 5.Administrative Support
4.11 	(400,000)      (400,000)
4.12 	Summary by Fund
4.13 	General                (400,000)     (400,000)
4.14 	By December 1, 2005, the commissioner
4.15 	shall submit a report to the
4.16 	Environment and Natural Resources
4.17 	Policy and Finance Committees of the
4.18 	house and senate that provides a
4.19 	benchmarking matrix and analysis that
4.20 	compares the environmental review and
4.21 	permitting requirements for forest
4.22 	products and mining industry projects
4.23 	in Minnesota with requirements in other
4.24 	states and countries.  The matrix and
4.25 	analysis must include an assessment of
4.26 	whether the requirements in Minnesota
4.27 	and other states and countries are more
4.28 	strict, less strict, or equivalent to
4.29 	requirements of the federal
4.30 	Environmental Protection Agency and
4.31 	requirements under the National
4.32 	Environmental Policy Act.

4.33 	Sec. 3. OFFICE OF ENVIRONMENTAL
4.34 	ASSISTANCE
 4.35 	Notwithstanding Minnesota Statutes,
4.36 	section 16B.37, the commissioner of
4.37 	administration shall not issue a
4.38 	reorganization order affecting the
4.39 	Office of Environmental Assistance or
4.40 	direct work by the office for another
4.41 	agency before July 1, 2007.  The
4.42 	director of the Office of Environmental
4.43 	Assistance shall not enter into or
4.44 	continue any memorandum of
4.45 	understanding or other agreement that
4.46 	directs work by the office for another
4.47 	agency before July 1, 2007.

4.48 	Sec. 4. ZOOLOGICAL BOARD                  8,000         10,000
 4.49 	Summary by Fund
4.50 	Natural Resources         8,000        10,000
4.51 	$8,000 the first year and $10,000 the
4.52 	second year are from the natural
4.53 	resources fund.  This appropriation is
4.54 	from the revenue deposited in the
4.55 	natural resources fund under Minnesota
4.56 	Statutes, section 297A.94, paragraph
4.57 	(e), clause (5).

4.58 	Sec. 5. NATURAL RESOURCES
 5.1 		Subdivision 1.Total
5.2 	Appropriation                          9,289,000      8,189,000
5.3 	Summary by Fund
5.4 	General              (1,861,000)   (2,836,000)
5.5 	Natural Resources     7,838,000     7,864,000
5.6 	Game and Fish         3,262,000     3,111,000
5.7 	Permanent School         50,000        50,000
5.8 	The amounts that may be spent from this
5.9 	appropriation for each program are
5.10 	specified in the following subdivisions.
5.11 		Subd. 2.Land and Mineral Resources
5.12 	Management
5.13 	737,000        487,000
5.14 	Summary by Fund
5.15 	General                 593,000       343,000
5.16 	Natural Resources        20,000        20,000
5.17 	Game and Fish            74,000        74,000
5.18 	Permanent School         50,000        50,000
5.19 	$50,000 the first year and $50,000 the
5.20 	second year are from the state forest
5.21 	suspense account in the permanent
5.22 	school fund to identify, evaluate, and
5.23 	lease construction aggregate located on
5.24 	school trust lands.
5.25 	$250,000 the first year is for a grant
5.26 	to the Board of Regents of the
5.27 	University of Minnesota to drill a
5.28 	5,000 foot core sampling bore hole at
5.29 	the Tower-Soudan mine complex in
5.30 	support of a National Science
5.31 	Foundation grant.
5.32 		Subd. 3.Water Resources Management
5.33 	408,000        408,000
5.34 	Summary by Fund
5.35 	General                 408,000       408,000
5.36 		Subd. 4.Forest Management
5.37 	2,789,000      2,789,000
5.38 	Summary by Fund
5.39 	General              (1,261,000)   (1,261,000)
5.40 	Natural Resources     3,800,000     3,800,000
5.41 	Game and Fish           250,000       250,000
5.42 	$3,800,000 the first year and
5.43 	$3,800,000 the second year are from the
5.44 	forest management investment account in
5.45 	the natural resources fund for only the
6.1 	purposes specified in Minnesota
6.2 	Statutes, section 89.039, subdivision 2.
6.3 	$200,000 the first year and $200,000
6.4 	the second year are for grants to the
6.5 	Natural Resources Research Institute
6.6 	for silvicultural research to improve
6.7 	the quality and quantity of timber
6.8 	fiber.  The appropriation must be
6.9 	matched in the amount of $200,000 each
6.10 	year, in cash or in-kind contributions,
6.11 	from the forest products industry
6.12 	members of the Minnesota Forest
6.13 	Productivity Research Cooperative.
6.14 	$250,000 the first year and $250,000
6.15 	the second year are from the game and
6.16 	fish fund to implement Ecological
6.17 	Classification Systems (ECS) standards
6.18 	on forested landscapes.  This
6.19 	appropriation is from revenue deposited
6.20 	in the game and fish fund under
6.21 	Minnesota Statutes, section 297A.94,
6.22 	paragraph (e), clause (1).
6.23 		Subd. 5.Parks and Recreation
6.24 	Management
6.25 	3,764,000      3,836,000
6.26 	Summary by Fund
6.27 	General               3,518,000     3,518,000
6.28 	Natural Resources       246,000       318,000
6.29 	$246,000 the first year and $318,000
6.30 	the second year are from the natural
6.31 	resources fund for state park and
6.32 	recreation area operations.  This
6.33 	appropriation is from the revenue
6.34 	deposited to the natural resources fund
6.35 	under Minnesota Statutes, section
6.36 	297A.94, paragraph (e), clause (2).
6.37 		Subd. 6.Trails and Waterways
6.38 	Management
6.39 	4,583,000      4,129,000
6.40 	Summary by Fund
6.41 	General                 450,000        50,000
6.42 	Natural Resources     3,726,000     3,676,000
6.43 	Game and Fish           407,000       403,000
6.44 	$500,000 the first year and $500,000
6.45 	the second year are from the snowmobile
6.46 	trails and enforcement account in the
6.47 	natural resources fund for snowmobile
6.48 	grants-in-aid.  Any unencumbered
6.49 	balance does not cancel at the end of
6.50 	the first year and is available for the
6.51 	second year.
6.52 	$500,000 in fiscal year 2006 and
6.53 	$500,000 in fiscal year 2007 are
6.54 	appropriated from the snowmobile trails
6.55 	and enforcement account to the
7.1 	commissioner of natural resources to
7.2 	acquire easements for permanent
7.3 	recreational snowmobile trails.
7.4 	The commissioner must work with trail
7.5 	providers to increase grooming rates
7.6 	and maintenance reimbursements,
7.7 	consistent with funding appropriated by
7.8 	the legislature, for grants provided
7.9 	under Minnesota Statutes, section 84.83.
7.10 	$75,000 the first year is from the
7.11 	all-terrain vehicle account in the
7.12 	natural resources fund for a study to
7.13 	determine the amount of gasoline used
7.14 	each year by all-terrain vehicle riders
7.15 	on public lands in the state.  The
7.16 	commissioners of natural resources,
7.17 	revenue, and transportation shall
7.18 	jointly determine the amount of
7.19 	unrefunded gasoline tax attributable to
7.20 	all-terrain vehicle use on public lands
7.21 	in the state and shall report to the
7.22 	legislature by March 1, 2006, with an
7.23 	appropriate proposed revision to
7.24 	Minnesota Statutes, section 296A.18.
7.25 	With money appropriated from the
7.26 	natural resources fund in S.F. No.
7.27 	1879, article 6, section 5, subdivision
7.28 	6, if enacted, the department shall
7.29 	establish a boat launch and ramp at
7.30 	Horseshoe Bay in Cook County, and
7.31 	rehabilitate the historic fishing pier
7.32 	on Dower Lake in Todd County.
7.33 	$100,000 the first year is for a grant
7.34 	to the Duluth Port Authority to
7.35 	determine the cause of freshwater
7.36 	corrosion of harbor sheet piling,
7.37 	provided these state funds are matched
7.38 	on a dollar-for-dollar basis by
7.39 	nonstate funds.
7.40 	$300,000 is for a grant to the St.
7.41 	Louis and Lake Counties Regional
7.42 	Railroad Authority to complete
7.43 	constructing, furnishing, and equipping
7.44 	Mesabi Station along the 132-mile
7.45 	recreational trail known as Mesabi
7.46 	Trail and located at the intersection
7.47 	of U.S. Highway 53 and marked Trunk
7.48 	Highway 37.  This appropriation is
7.49 	dependent upon a matching contribution
7.50 	of $800,000 from other sources, public
7.51 	or private.
7.52 	The appropriation in Laws 2003, chapter
7.53 	128, article 1, section 5, subdivision
7.54 	6, from the water recreation account in
7.55 	the natural resources fund for a
7.56 	cooperative project with the United
7.57 	States Army Corps of Engineers to
7.58 	develop the Mississippi Whitewater Park
7.59 	is available until June 30, 2007.
7.60 		Subd. 7.Fish and Wildlife Management
7.61 	5,820,000      5,348,000
7.62 	Summary by Fund
8.1 	General                 425,000       100,000
8.2 	Natural Resources       348,000       348,000
8.3 	Game and Fish         5,047,000     4,900,000
8.4 	$150,000 the second year is a reduction
8.5 	from the trout and salmon management
8.6 	account for the purposes specified in
8.7 	Minnesota Statutes, section 97A.075,
8.8 	subdivision 3.
8.9 	$983,000 the first year and $983,000
8.10 	the second year are from the wildlife
8.11 	acquisition surcharge account for only
8.12 	the purposes specified in Minnesota
8.13 	Statutes, section 97A.071, subdivision
8.14 	2a.
8.15 	$142,000 the first year and $142,000
8.16 	the second year are from the deer
8.17 	habitat improvement account for only
8.18 	the purposes specified in Minnesota
8.19 	Statutes, section 97A.075, subdivision
8.20 	1, paragraph (b).
8.21 	$65,000 the first year and $65,000 the
8.22 	second year are from the deer and bear
8.23 	management account for only the
8.24 	purposes specified in Minnesota
8.25 	Statutes, section 97A.075, subdivision
8.26 	1, paragraph (c).
8.27 	$35,000 the first year and $35,000 the
8.28 	second year are a reduction from the
8.29 	waterfowl habitat improvement account
8.30 	for only the purposes specified in
8.31 	Minnesota Statutes, section 97A.075,
8.32 	subdivision 2.
8.33 	$344,000 the first year and $344,000
8.34 	the second year are from the pheasant
8.35 	habitat improvement account for only
8.36 	the purposes specified in Minnesota
8.37 	Statutes, section 97A.075, subdivision
8.38 	4.
8.39 	$22,000 the first year and $22,000 the
8.40 	second year are from the wild turkey
8.41 	management account for only the
8.42 	purposes specified in Minnesota
8.43 	Statutes, section 97A.075, subdivision
8.44 	5.  Of this amount, $8,000 the first
8.45 	year and $8,000 the second year are
8.46 	appropriated from the game and fish
8.47 	fund for transfer to the wild turkey
8.48 	management account for purposes
8.49 	specified in Minnesota Statutes,
8.50 	section 97A.075, subdivision 5.
8.51 	$675,000 the first year and $675,000
8.52 	the second year are from the heritage
8.53 	enhancement account in the game and
8.54 	fish fund for only the purposes
8.55 	specified in Minnesota Statutes,
8.56 	section 297A.94, paragraph (e), clause
8.57 	(1).
8.58 	$100,000 the first year and $100,000
8.59 	the second year are for coordination
8.60 	and implementation of the roadsides for
9.1 	wildlife program, including roadside
9.2 	wildlife management training for road
9.3 	managers and adjacent landowners,
9.4 	development of local partnerships to
9.5 	maximize roadside habitat benefits,
9.6 	identification and cataloguing of
9.7 	existing and needed technical
9.8 	resources, and development of a
9.9 	steering group to monitor the progress
9.10 	of the program and identify and resolve
9.11 	issues of concern for wildlife
9.12 	management in roadsides.
9.13 	$325,000 the first year is for a grant
9.14 	to "Let's Go Fishing" of Minnesota to
9.15 	promote opportunities for fishing.
9.16 	Notwithstanding Minnesota Statutes,
9.17 	section 16A.28, the appropriations
9.18 	encumbered under contract on or before
9.19 	June 30, 2007, for aquatic restoration
9.20 	grants and wildlife habitat grants in
9.21 	S.F. No. 1879, article 6, section 5,
9.22 	subdivision 7, if enacted, are
9.23 	available until June 30, 2008.
9.24 		Subd. 8.Ecological Services
9.25 	889,000        889,000
9.26 	Summary by Fund
9.27 	General                  75,000        75,000
9.28 	Natural Resources       426,000       426,000
9.29 	Game and Fish           388,000       388,000
9.30 	Notwithstanding Minnesota Statutes,
9.31 	section 290.431, $100,000 the first
9.32 	year and $100,000 the second year from
9.33 	the nongame wildlife management account
9.34 	is for nongame information, education,
9.35 	and promotion.
9.36 	$325,000 the first year and $325,000
9.37 	the second year are from the heritage
9.38 	enhancement account in the game and
9.39 	fish fund for only the purposes
9.40 	specified in Minnesota Statutes,
9.41 	section 297A.94, paragraph (e), clause
9.42 	(1).
9.43 	$370,000 the first year and $370,000
9.44 	the second year are for a cost-share
9.45 	program with local government, lake
9.46 	associations, and conservation
9.47 	organizations for aquatic invasive
9.48 	species prevention and management
9.49 	activities, including:  (1) development
9.50 	of prevention plans; (2) aquatic
9.51 	invasive species surveys and
9.52 	monitoring; (3) public education and
9.53 	training programs; or (4) conducting
9.54 	watercraft inspection programs.  Of
9.55 	this amount, $154,000 each year is from
9.56 	the general fund and $216,000 each year
9.57 	is from the heritage enhancement
9.58 	account in the game and fish fund.
9.59 	The general fund appropriation in this
10.1 	subdivision includes a $250,000 per
10.2 	year general fund reduction and a
10.3 	$171,000 increase for operations
10.4 	support reallocation.
10.5 		Subd. 9.Enforcement
10.6 	735,000        735,000
10.7 	Summary by Fund
10.8 	General                (240,000)     (240,000)
10.9 	Natural Resources       347,000       347,000
10.10 	Game and Fish           628,000       628,000
10.11 	$200,000 the first year and $200,000
10.12 	the second year are from the natural
10.13 	resources fund for off-highway vehicle
10.14 	enforcement.  Of this amount, $180,000
10.15 	each year is from the all-terrain
10.16 	vehicle account; $10,000 each year is
10.17 	from the off-highway motorcycle
10.18 	account; and $10,000 each year is from
10.19 	the off-road vehicle account.
10.20 		Subd. 10.Operations Support
10.21 	(10,436,000)   (10,432,000)
10.22 	Summary by Fund
10.23 	General              (5,829,000)   (5,829,000)
10.24 	Natural Resources    (1,075,000)   (1,071,000)
10.25 	Game and Fish        (3,532,000)   (3,532,000)
10.26 	$18,000 the first year and $22,000 the
10.27 	second year are from the natural
10.28 	resources fund for grants to be divided
10.29 	equally between the city of St. Paul
10.30 	for the Como Zoo and Conservatory and
10.31 	the city of Duluth Zoo.  This
10.32 	appropriation is from the revenue
10.33 	deposited to the natural resources fund
10.34 	under Minnesota Statutes, section
10.35 	297A.94, paragraph (e), clause (5).
10.36 	The natural resources fund
10.37 	appropriation in this subdivision
10.38 	includes a reduction of $1,093,000 each
10.39 	year for operations support
10.40 	reallocation.
10.41 	Any reduction in general fund
10.42 	appropriations in S.F. No. 1879,
10.43 	article 10, section 33, if enacted,
10.44 	must be taken from administrative costs
10.45 	of the central office in St. Paul.

10.46 	Sec. 6. BOARD OF WATER AND
10.47 	SOIL RESOURCES                           194,000         85,000
 10.48 	$35,000 the first year and $35,000 the
10.49 	second year are for grants to the
10.50 	Minnesota River basin study area 2 for
10.51 	administration and flood reduction
10.52 	programs.
11.1 	$109,000 the first year is for an
11.2 	implementation assessment of public
11.3 	drainage system buffers and their use,
11.4 	maintenance, and benefits.  The
11.5 	assessment must be done in consultation
11.6 	with farm groups, watershed districts,
11.7 	soil and water conservation districts,
11.8 	counties, and conservation
11.9 	organizations, as well as federal
11.10 	agencies implementing voluntary buffer
11.11 	programs.  The board shall report the
11.12 	results to the senate and house of
11.13 	representatives committees with
11.14 	jurisdiction over drainage systems by
11.15 	January 15, 2006.
11.16 	$50,000 the first year and $50,000 the
11.17 	second year are for beaver damage
11.18 	control grants under new Minnesota
11.19 	Statutes, section 103F.950.
11.20 	The appropriations for grants in this
11.21 	section are available until expended.
11.22 	If an appropriation for grants in
11.23 	either year is insufficient, the
11.24 	appropriation in the other year is
11.25 	available for it.

11.26 	Sec. 7. METROPOLITAN COUNCIL            495,000        581,000
 11.27 	Summary by Fund
11.28 	General                   200,000        200,000
11.29 	Natural Resources         295,000        381,000
11.30 	$295,000 the first year and $381,000
11.31 	the second year are from the natural
11.32 	resources fund for metropolitan area
11.33 	regional parks and trails maintenance
11.34 	and operations.  This appropriation is
11.35 	from the revenue deposited in the
11.36 	natural resources fund under Minnesota
11.37 	Statutes, section 297A.94, paragraph
11.38 	(e), clause (3).

11.39 	Sec. 8. AGRICULTURE
 11.40 		Subdivision 1.Total
11.41 	Appropriation                         21,373,000      3,687,000
11.42 	Summary by Fund
11.43 	General               3,338,000     3,652,000
11.44 	Remediation              35,000        35,000
11.45 	Bond Proceeds        18,000,000       -0-
11.46 	The amounts that may be spent from this
11.47 	appropriation for each program are
11.48 	specified in the following subdivisions.
11.49 		Subd. 2.Protection Services
11.50 	35,000         35,000
11.51 	Summary by Fund
11.52 	Remediation              35,000        35,000
12.1 		Subd. 3.Value-Added Agricultural Products
12.2 	600,000        100,000
12.3 	$500,000 in the first year is for
12.4 	grants to gasoline service station
12.5 	owners who, after the effective date of
12.6 	this section, install pumps in this
12.7 	state for dispensing E85 gasoline.  The
12.8 	commissioner may reimburse owners of
12.9 	gasoline service stations for up to 50
12.10 	percent of the total cost of installing
12.11 	an E85 pump, including the tank and any
12.12 	related components, up to a maximum of
12.13 	$15,000 per E85 pump.  The commissioner
12.14 	shall grant priority for E85 pumps
12.15 	installed in areas of the state where
12.16 	gasoline service stations with E85
12.17 	pumps are not reasonably available to
12.18 	the general public.  This appropriation
12.19 	is available until spent.
12.20 	$100,000 the first year and $100,000
12.21 	the second year are for ethanol
12.22 	combustion efficiency grants under
12.23 	Minnesota Statutes, section 41A.09,
12.24 	subdivision 9.
12.25 		Subd. 4.Administration and
12.26 	Financial Assistance
12.27 	20,738,000      3,552,000
12.28 	Summary by Fund
12.29 	General               2,738,000     3,552,000
12.30 	Bond Proceeds        18,000,000       -0-
12.31 	$85,000 is to conduct a study, in close
12.32 	consultation with the commissioner of
12.33 	transportation, of the feasibility and
12.34 	desirability of constructing a rail
12.35 	container load-out facility in or near
12.36 	the city of Willmar or the city of
12.37 	Clara City.  The study must include an
12.38 	estimate of the costs and benefits of a
12.39 	facility to the city and region and to
12.40 	the state transportation system.  The
12.41 	commissioner shall report to the
12.42 	governor and legislature on the results
12.43 	of the study by January 15, 2006.
12.44 	$100,000 the first year and $100,000
12.45 	the second year are for transfer to the
12.46 	Board of Trustees of the Minnesota
12.47 	State Colleges and Universities for
12.48 	mental health counseling support to
12.49 	farm families and business operators
12.50 	through farm business management
12.51 	programs at Central Lakes College and
12.52 	Ridgewater College.
12.53 	$35,000 the first year and $35,000 the
12.54 	second year are for grants to the
12.55 	Minnesota Horticultural Society.
12.56 	$75,000 the first year and $75,000 the
12.57 	second year are for annual grants to
12.58 	the Northern Minnesota Forage-Turf Seed
12.59 	Advisory Committee for basic and
13.1 	applied research on the improved
13.2 	production of forage and turf seed
13.3 	related to new and improved varieties.
13.4 	The grant recipient may subcontract
13.5 	with a qualified third party for some
13.6 	or all of the basic and applied
13.7 	research.
13.8 	$100,000 the first year and $100,000
13.9 	the second year are to provide training
13.10 	and technical assistance to county and
13.11 	town officials relating to livestock
13.12 	siting issues and local zoning and land
13.13 	use planning including a checklist
13.14 	template that would clarify the
13.15 	federal, state, and local government
13.16 	requirements for consideration of an
13.17 	animal agriculture modernization or
13.18 	expansion project.  In developing the
13.19 	training and technical assistance
13.20 	program, the commissioner may seek
13.21 	assistance from the local planning
13.22 	assistance center of the Department of
13.23 	Administration and shall seek guidance,
13.24 	advice, and support of livestock
13.25 	producer organizations, general
13.26 	agricultural organizations, local
13.27 	government associations, academic
13.28 	institutions, other government
13.29 	agencies, and others with expertise in
13.30 	land use and agriculture.
13.31 	$220,000 the first year is to contract
13.32 	with the University of Minnesota for
13.33 	further research and development of
13.34 	livestock odor and air quality
13.35 	management.
13.36 	$325,000 the first year and $325,000
13.37 	the second year are for grants to
13.38 	Second Harvest Heartland on behalf of
13.39 	Minnesota's six Second Harvest food
13.40 	banks for the purchase of milk for
13.41 	distribution to Minnesota's food
13.42 	shelves and other charitable
13.43 	organizations that are eligible to
13.44 	receive food from the food banks.  Milk
13.45 	purchased under the grants must be
13.46 	acquired from Minnesota milk processors
13.47 	and based on low-cost bids.  The milk
13.48 	must be allocated to each Second
13.49 	Harvest food bank serving Minnesota
13.50 	according to the formula used in the
13.51 	distribution of United States
13.52 	Department of Agriculture commodities
13.53 	under The Emergency Food Assistance
13.54 	Program (TEFAP).  Second Harvest
13.55 	Heartland must submit quarterly reports
13.56 	to the commissioner on forms prescribed
13.57 	by the commissioner.  The reports must
13.58 	include, but are not limited to,
13.59 	information on the expenditure of
13.60 	funds, the amount of milk purchased,
13.61 	and the organizations to which the milk
13.62 	was distributed.  Second Harvest
13.63 	Heartland may enter into contracts or
13.64 	agreements with food banks for shared
13.65 	funding or reimbursement of the direct
13.66 	purchase of milk.  Each food bank
13.67 	receiving money from this appropriation
13.68 	may use up to two percent of the grant
14.1 	for administrative expenses.
14.2 	$18,000,000 is appropriated from the
14.3 	bond proceeds fund for purposes as set
14.4 	forth in the Minnesota Constitution,
14.5 	article XI, section 5, clause (h), to
14.6 	the Rural Finance Authority to purchase
14.7 	participation interests in or to make
14.8 	direct agricultural loans to farmers
14.9 	under Minnesota Statutes, chapter 41B.
14.10 	This appropriation is for the beginning
14.11 	farmer program under Minnesota
14.12 	Statutes, section 41B.039, the loan
14.13 	restructuring program under Minnesota
14.14 	Statutes, section 41B.04, the
14.15 	seller-sponsored program under
14.16 	Minnesota Statutes, section 41B.042,
14.17 	the agricultural improvement loan
14.18 	program under Minnesota Statutes,
14.19 	section 41B.043, and the livestock
14.20 	expansion loan program under Minnesota
14.21 	Statutes, section 41B.045.  All debt
14.22 	service on bond proceeds used to
14.23 	finance this appropriation must be
14.24 	repaid by the Rural Finance Authority
14.25 	under Minnesota Statutes, section
14.26 	16A.643.  Loan participations must be
14.27 	priced to provide full interest and
14.28 	principal coverage and a reserve for
14.29 	potential losses.  Priority for loans
14.30 	must be given first to basic beginning
14.31 	farmer loans; second, to
14.32 	seller-sponsored loans; and third, to
14.33 	agricultural improvement loans.

14.34 	Sec. 9. BOND SALE
 14.35 	To provide the money appropriated in
14.36 	this article from the bond proceeds
14.37 	fund, the commissioner of finance shall
14.38 	sell and issue bonds of the state in an
14.39 	amount up to $18,000,000 in the manner,
14.40 	upon the terms, and with the effect
14.41 	prescribed by Minnesota Statutes,
14.42 	sections 16A.631 to 16A.675, and by the
14.43 	Minnesota Constitution, article XI,
14.44 	sections 4 to 7.

14.45 	Sec. 10. BOARD OF ANIMAL
14.46 	HEALTH                                   456,000        458,000
 14.47 	$300,000 the first year and $300,000
14.48 	the second year are for a grant to the
14.49 	Veterinary Diagnostic Laboratory at the
14.50 	University of Minnesota to expand
14.51 	animal disease surveillance and to
14.52 	protect animal agriculture and public
14.53 	health.  This appropriation is
14.54 	available until June 30, 2007.

14.55 	Sec. 11. MINNESOTA RESOURCES
 14.56 		Subdivision 1.Total
14.57 	Appropriation
14.58 	                                      20,457,000     18,829,000
14.59 	Summary by Fund
14.60 	State Land and Water Conservation
14.61 	Account (LAWCON)      1,600,000       -0-
15.1 	Environment and Natural Resources
15.2 	Trust Fund           18,829,000    18,829,000
15.3 	Great Lakes Protection
15.4 	Account                  28,000       -0-
15.5 	Appropriations from the LAWCON account
15.6 	and Great Lakes protection account are
15.7 	available for either year of the
15.8 	biennium.
15.9 	For appropriations from the environment
15.10 	and natural resources trust fund, any
15.11 	unencumbered balance remaining in the
15.12 	first year does not cancel and is
15.13 	available for the second year of the
15.14 	biennium.  Unless otherwise provided,
15.15 	the amounts in this section are
15.16 	available until June 30, 2007, when
15.17 	projects must be completed and final
15.18 	products delivered.
15.19 	Subd. 2.  Definitions
15.20 	(a) "State land and water conservation
15.21 	account (LAWCON)" means the state land
15.22 	and water conservation account in the
15.23 	natural resources fund referred to in
15.24 	Minnesota Statutes, section 116P.14.
15.25 	(b) "Great Lakes protection account"
15.26 	means the Great Lakes protection
15.27 	account referred to in Minnesota
15.28 	Statutes, section 116Q.02, subdivision
15.29 	1.
15.30 	(c) "Trust fund" means the Minnesota
15.31 	environment and natural resources trust
15.32 	fund referred to in Minnesota Statutes,
15.33 	section 116P.02, subdivision 6.
15.34 		Subd. 3.Administration                 524,000        525,000
15.35 	Summary by Fund
15.36 	Trust Fund              524,000       525,000
15.37 	(a) Legislative Commission on Minnesota Resources
15.38 	$449,000 the first year and $450,000
15.39 	the second year are from the trust fund
15.40 	for administration as provided in
15.41 	Minnesota Statutes, section 116P.09,
15.42 	subdivision 5.
15.43 	(b) Contract Administration
15.44 	$75,000 the first year and $75,000 the
15.45 	second year are from the trust fund to
15.46 	the commissioner of natural resources
15.47 	for contract administration activities
15.48 	assigned to the commissioner in this
15.49 	section.  This appropriation is
15.50 	available until June 30, 2008.
15.51 		Subd. 4.Citizen Advisory Committee      10,000         10,000
15.52 	Summary by Fund
15.53 	Trust Fund               10,000        10,000
16.1 	$10,000 the first year and $10,000 the
16.2 	second year are from the trust fund to
16.3 	the Legislative Commission on Minnesota
16.4 	Resources for expenses of the citizen
16.5 	advisory committee as provided in
16.6 	Minnesota Statutes, section 116P.06.
16.7 	Notwithstanding Minnesota Statutes,
16.8 	section 16A.281, the availability of
16.9 	$15,000 of the appropriation from Laws
16.10 	2003, chapter 128, article 1, section
16.11 	9, subdivision 4, advisory committee,
16.12 	is extended to June 30, 2007.
16.13 		Subd. 5.Fish and Wildlife Habitat    5,038,000      5,038,000
16.14 	Summary by Fund
16.15 	Trust Fund            5,038,000     5,038,000
16.16 	(a) Restoring Minnesota's Fish and Wildlife
16.17 	Habitat Corridors-Phase III
16.18 	$2,031,000 the first year and
16.19 	$2,031,000 the second year are from the
16.20 	trust fund to the commissioner of
16.21 	natural resources for the third
16.22 	biennium for acceleration of agency
16.23 	programs and cooperative agreements
16.24 	with Pheasants Forever, Minnesota Deer
16.25 	Hunters Association, Ducks Unlimited,
16.26 	Inc., National Wild Turkey Federation,
16.27 	the Nature Conservancy, Minnesota Land
16.28 	Trust, the Trust for Public Land,
16.29 	Minnesota Valley National Wildlife
16.30 	Refuge Trust, Inc., U.S. Fish and
16.31 	Wildlife Service, Red Lake Band of
16.32 	Chippewa, Leech Lake Band of Chippewa,
16.33 	Fond du Lac Band of Chippewa,
16.34 	USDA-Natural Resources Conservation
16.35 	Service, and the Board of Water and
16.36 	Soil Resources to plan, restore, and
16.37 	acquire fragmented landscape corridors
16.38 	that connect areas of quality habitat
16.39 	to sustain fish, wildlife, and plants.
16.40 	Expenditures are limited to the 11
16.41 	project areas as defined in the work
16.42 	program.  Land acquired with this
16.43 	appropriation must be sufficiently
16.44 	improved to meet at least minimum
16.45 	habitat and facility management
16.46 	standards as determined by the
16.47 	commissioner of natural resources.
16.48 	This appropriation may not be used for
16.49 	the purchase of residential structures,
16.50 	unless expressly approved in the work
16.51 	program.  Any land acquired in fee
16.52 	title by the commissioner of natural
16.53 	resources with money from this
16.54 	appropriation must be designated:  (1)
16.55 	as an outdoor recreation unit under
16.56 	Minnesota Statutes, section 86A.07; or
16.57 	(2) as provided in Minnesota Statutes,
16.58 	sections 89.018, subdivision 2,
16.59 	paragraph (a); 97A.101; 97A.125;
16.60 	97C.001; and 97C.011.  The commissioner
16.61 	may similarly designate any lands
16.62 	acquired in less than fee title.  This
16.63 	appropriation is available until June
16.64 	30, 2008, at which time the project
16.65 	must be completed and final products
16.66 	delivered, unless an earlier date is
17.1 	specified in the work program.
17.2 	(b) Metropolitan Area Wildlife
17.3 	Corridors-Phase II
17.4 	$1,765,000 the first year and
17.5 	$1,765,000 the second year are from the
17.6 	trust fund to the commissioner of
17.7 	natural resources for the second
17.8 	biennium for acceleration of agency
17.9 	programs and cooperative agreements
17.10 	with the Trust for Public Land, Ducks
17.11 	Unlimited, Inc., Friends of the
17.12 	Mississippi River, Great River
17.13 	Greening, Minnesota Land Trust,
17.14 	Minnesota Valley National Wildlife
17.15 	Refuge Trust, Inc., Pheasants Forever,
17.16 	Inc., and Friends of the Minnesota
17.17 	Valley for the purposes of planning,
17.18 	improving, and protecting important
17.19 	natural areas in the metropolitan
17.20 	region, as defined by Minnesota
17.21 	Statutes, section 473.121, subdivision
17.22 	2, and portions of the surrounding
17.23 	counties, through grants, contracted
17.24 	services, conservation easements, and
17.25 	fee acquisition.  Land acquired with
17.26 	this appropriation must be sufficiently
17.27 	improved to meet at least minimum
17.28 	management standards as determined by
17.29 	the commissioner of natural resources.
17.30 	Expenditures are limited to the
17.31 	identified project areas as defined in
17.32 	the work program.  This appropriation
17.33 	may not be used for the purchase of
17.34 	residential structures, unless
17.35 	expressly approved in the work
17.36 	program.  Any land acquired in fee
17.37 	title by the commissioner of natural
17.38 	resources with money from this
17.39 	appropriation must be designated:  (1)
17.40 	as an outdoor recreation unit under
17.41 	Minnesota Statutes, section 86A.07; or
17.42 	(2) as provided in Minnesota Statutes,
17.43 	sections 89.018, subdivision 2,
17.44 	paragraph (a); 97A.101; 97A.125;
17.45 	97C.001; and 97C.011.  The commissioner
17.46 	may similarly designate any lands
17.47 	acquired in less than fee title.  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 	(c) Development of Scientific and Natural Areas
17.54 	$67,000 the first year and $67,000 the
17.55 	second year are from the trust fund to
17.56 	the commissioner of natural resources
17.57 	to develop and enhance lands designated
17.58 	as scientific and natural areas.  This
17.59 	appropriation is available until June
17.60 	30, 2008, at which time the project
17.61 	must be completed and final products
17.62 	delivered, unless an earlier date is
17.63 	specified in the work program.
17.64 	(d) Prairie Stewardship of Private Lands
17.65 	$50,000 the first year and $50,000 the
18.1 	second year are from the trust fund to
18.2 	the commissioner of natural resources
18.3 	to develop stewardship plans and
18.4 	implement prairie management on private
18.5 	prairie lands on a cost-share basis
18.6 	with private or federal funds.  This
18.7 	appropriation is available until June
18.8 	30, 2008, at which time the project
18.9 	must be completed and final products
18.10 	delivered, unless an earlier date is
18.11 	specified in the work program.
18.12 	(e) Local Initiative Grants-Conservation
18.13 	Partners and Environmental Partnerships
18.14 	$250,000 the first year and $250,000
18.15 	the second year are from the trust fund
18.16 	to the commissioner of natural
18.17 	resources to provide matching grants of
18.18 	up to $20,000 to local government and
18.19 	private organizations for enhancement,
18.20 	restoration, research, and education
18.21 	associated with natural habitat and
18.22 	environmental service projects.
18.23 	Subdivision 16 applies to grants
18.24 	awarded in the approved work program.
18.25 	This appropriation is available until
18.26 	June 30, 2008, at which time the
18.27 	project must be completed and final
18.28 	products delivered, unless an earlier
18.29 	date is specified in the work program.
18.30 	(f) Minnesota ReLeaf Community Forest
18.31 	Development and Protection
18.32 	$250,000 the first year and $250,000
18.33 	the second year are from the trust fund
18.34 	to the commissioner of natural
18.35 	resources for acceleration of the
18.36 	agency program and a cooperative
18.37 	agreement with Tree Trust to protect
18.38 	forest resources, develop
18.39 	inventory-based management plans, and
18.40 	provide matching grants to communities
18.41 	to plant native trees.  At least
18.42 	$390,000 of this appropriation must be
18.43 	used for grants to communities.  For
18.44 	the purposes of this paragraph, the
18.45 	match must be a nonstate contribution,
18.46 	but may be either cash or qualifying
18.47 	in-kind.  This appropriation is
18.48 	available until June 30, 2008, at which
18.49 	time the project must be completed and
18.50 	final projects delivered, unless an
18.51 	earlier date is specified in the work
18.52 	program.
18.53 	(g) Integrated and Pheromonal Control of
18.54 	Common Carp
18.55 	$275,000 the first year and $275,000
18.56 	the second year are from the trust fund
18.57 	to the University of Minnesota for the
18.58 	second biennium to research new options
18.59 	for controlling common carp.  This
18.60 	appropriation is available until June
18.61 	30, 2009, at which time the project
18.62 	must be completed and final products
18.63 	delivered, unless an earlier date is
18.64 	specified in the work program.
19.1 	(h) Biological Control of European Buckthorn
19.2 	and Garlic Mustard
19.3 	$100,000 the first year and $100,000
19.4 	the second year are from the trust fund
19.5 	to the commissioner of natural
19.6 	resources to research potential insects
19.7 	for biological control of invasive
19.8 	European buckthorn species for the
19.9 	second biennium and to introduce and
19.10 	evaluate insects for biological control
19.11 	of garlic mustard.  This appropriation
19.12 	is available until June 30, 2008, at
19.13 	which time the project must be
19.14 	completed and final products delivered,
19.15 	unless an earlier date is specified in
19.16 	the work program.
19.17 	(i) Land Exchange Revolving Fund for
19.18 	Aitkin, Cass, and Crow Wing Counties
19.19 	$250,000 the first year and $250,000
19.20 	the second year are from the trust fund
19.21 	to the commissioner of natural
19.22 	resources for an agreement with Aitkin
19.23 	County for a six-year revolving loan
19.24 	fund to improve public and private land
19.25 	ownership patterns, increase management
19.26 	efficiency, and protect critical
19.27 	habitat in Aitkin, Cass, and Crow Wing
19.28 	Counties.  By June 30, 2011, Aitkin
19.29 	County shall repay the $500,000 to the
19.30 	commissioner of finance for deposit in
19.31 	the environment and natural resources
19.32 	trust fund.
19.33 		Subd. 6.Recreation                   7,160,000      5,559,000
19.34 	Summary by Fund
19.35 	Trust Fund            5,560,000     5,559,000
19.36 	State Land and Water Conservation
19.37 	Account (LAWCON)      1,600,000       -0-
19.38 	(a) State Park and Recreation Area
19.39 	Land Acquisition
19.40 	$1,000,000 the first year and
19.41 	$1,000,000 the second year are from the
19.42 	trust fund to the commissioner of
19.43 	natural resources to acquire
19.44 	in-holdings for state park and
19.45 	recreation areas.  Land acquired with
19.46 	this appropriation must be sufficiently
19.47 	improved to meet at least minimum
19.48 	management standards as determined by
19.49 	the commissioner of natural resources.
19.50 	This appropriation is available until
19.51 	June 30, 2008, at which time the
19.52 	project must be completed and final
19.53 	products delivered, unless an earlier
19.54 	date is specified in the work program.
19.55 	(b) LAWCON Federal Reimbursements
19.56 	$1,600,000 is from the State Land and
19.57 	Water Conservation Account (LAWCON) in
19.58 	the natural resources fund to the
19.59 	commissioner of natural resources for
19.60 	priorities established by the
20.1 	commissioner for eligible state
20.2 	projects and administrative and
20.3 	planning activities consistent with
20.4 	Minnesota Statutes, section 116P.14,
20.5 	and the federal Land and Water
20.6 	Conservation Fund Act.  Subdivision 16
20.7 	applies to grants awarded in the
20.8 	approved work program.  This
20.9 	appropriation is contingent upon
20.10 	receipt of the federal obligation and
20.11 	remains available until June 30, 2008,
20.12 	at which time the project must be
20.13 	completed and final products delivered,
20.14 	unless an earlier date is specified in
20.15 	the work program.
20.16 	(c) State Park and Recreation Area
20.17 	Revenue-Enhancing Development
20.18 	$100,000 the first year and $100,000
20.19 	the second year are from the trust fund
20.20 	to the commissioner of natural
20.21 	resources to enhance revenue generation
20.22 	in the state's park and recreation
20.23 	system.
20.24 	(d) Best Management Practices for Parks
20.25 	and Outdoor Recreation
20.26 	$100,000 the first year and $100,000
20.27 	the second year are from the trust fund
20.28 	to the commissioner of natural
20.29 	resources for an agreement with the
20.30 	Minnesota Recreation and Park
20.31 	Association to develop and evaluate
20.32 	opportunities to more efficiently
20.33 	manage Minnesota's parks and outdoor
20.34 	recreation areas.
20.35 	(e) Metropolitan Regional Parks Acquisition,
20.36 	Rehabilitation, and Development
20.37 	$1,000,000 the first year and
20.38 	$1,000,000 the second year are from the
20.39 	trust fund to the Metropolitan Council
20.40 	for subgrants for the acquisition,
20.41 	development, and rehabilitation in the
20.42 	metropolitan regional park system,
20.43 	consistent with the Metropolitan
20.44 	Council regional recreation open space
20.45 	capital improvement plan.  This
20.46 	appropriation may not be used for the
20.47 	purchase of residential structures, may
20.48 	be used to reimburse implementing
20.49 	agencies for acquisition as expressly
20.50 	approved in the work program, and must
20.51 	be matched by at least 40 percent of
20.52 	nonstate money.  Subdivision 16 applies
20.53 	to grants awarded in the approved work
20.54 	program.  This appropriation is
20.55 	available until June 30, 2008, at which
20.56 	time the project must be completed and
20.57 	final products delivered, unless an
20.58 	earlier date is specified in the work
20.59 	program.  If a project financed under
20.60 	this program receives a federal grant
20.61 	award, the availability of the
20.62 	financing from this paragraph for that
20.63 	project is extended to equal the period
20.64 	of the federal grant.
21.1 	(f) Gitchi-Gami State Trail
21.2 	$250,000 the first year and $250,000
21.3 	the second year are from the trust fund
21.4 	to the commissioner of natural
21.5 	resources, in cooperation with the
21.6 	Gitchi-Gami Trail Association, for the
21.7 	fourth biennium, to design and
21.8 	construct approximately two miles of
21.9 	Gitchi-Gami State Trail segments.  This
21.10 	appropriation is available until June
21.11 	30, 2008, at which time the project
21.12 	must be completed and final products
21.13 	delivered.  If this project receives a
21.14 	federal grant award, the availability
21.15 	of the financing from this paragraph
21.16 	for the project is extended to equal
21.17 	the period of the federal grant.
21.18 	(g) Casey Jones State Trail
21.19 	$600,000 the first year and $600,000
21.20 	the second year are from the trust fund
21.21 	to the commissioner of natural
21.22 	resources in cooperation with the
21.23 	Friends of the Casey Jones Trail
21.24 	Association for land acquisition and
21.25 	development of the Casey Jones State
21.26 	Trail in southwest Minnesota.  This
21.27 	appropriation is available until June
21.28 	30, 2008, at which time the project
21.29 	must be completed and final products
21.30 	delivered.  If this project receives a
21.31 	federal grant award, the availability
21.32 	of the financing from this paragraph
21.33 	for the project is extended to equal
21.34 	the period of the federal grant.
21.35 	(h) Paul Bunyan State Trail Connection
21.36 	$200,000 the first year and $200,000
21.37 	the second year are from the trust fund
21.38 	to the commissioner of natural
21.39 	resources to acquire land to connect
21.40 	the Paul Bunyan State Trail within the
21.41 	city of Bemidji.
21.42 	(i) Minnesota River Trail Planning
21.43 	$100,000 the first year and $100,000
21.44 	the second year are from the trust fund
21.45 	to the commissioner of natural
21.46 	resources for an agreement with the
21.47 	University of Minnesota to provide
21.48 	trail planning assistance to three
21.49 	communities along the Minnesota River
21.50 	State Trail.
21.51 	(j) Local Initiative Grants-Parks and Natural Areas
21.52 	$600,000 the first year and $600,000
21.53 	the second year are from the trust fund
21.54 	to the commissioner of natural
21.55 	resources to provide matching grants to
21.56 	local governments for acquisition and
21.57 	development of natural and scenic areas
21.58 	and local parks as provided in
21.59 	Minnesota Statutes, section 85.019,
21.60 	subdivisions 2 and 4a, and regional
21.61 	parks outside of the metropolitan
21.62 	area.  Grants may provide up to 50
22.1 	percent of the nonfederal share of the
22.2 	project cost, except nonmetropolitan
22.3 	regional park grants may provide up to
22.4 	60 percent of the nonfederal share of
22.5 	the project cost.  $500,000 of this
22.6 	appropriation is for land acquisition
22.7 	for a proposed county regional park on
22.8 	Kraemer Lake in Stearns County.  The
22.9 	commission will monitor the grants for
22.10 	approximate balance over extended
22.11 	periods of time between the
22.12 	metropolitan area, under Minnesota
22.13 	Statutes, section 473.121, subdivision
22.14 	2, and the nonmetropolitan area through
22.15 	work program oversight and periodic
22.16 	allocation decisions.  For the purposes
22.17 	of this paragraph, the match must be a
22.18 	nonstate contribution, but may be
22.19 	either cash or qualifying in-kind.
22.20 	Recipients may receive funding for more
22.21 	than one project in any given grant
22.22 	period.  Subdivision 16 applies to
22.23 	grants awarded in the approved work
22.24 	program.  This appropriation is
22.25 	available until June 30, 2008, at which
22.26 	time the project must be completed and
22.27 	final products delivered.
22.28 	(k) Regional Park Planning for Nonmetropolitan
22.29 	Urban Areas
22.30 	$43,000 the first year and $43,000 the
22.31 	second year are from the trust fund to
22.32 	the commissioner of natural resources
22.33 	for an agreement with the University of
22.34 	Minnesota to develop a plan for a
22.35 	system of regional recreation areas for
22.36 	major outstate urban complexes in
22.37 	Minnesota.
22.38 	(l) Local and Regional Trail Grant Initiative Program
22.39 	$350,000 the first year and $350,000
22.40 	the second year are from the trust fund
22.41 	to the commissioner of natural
22.42 	resources to provide matching grants to
22.43 	local units of government for the cost
22.44 	of acquisition, development,
22.45 	engineering services, and enhancement
22.46 	of existing and new trail facilities.
22.47 	Subdivision 16 applies to grants
22.48 	awarded in the approved work program.
22.49 	This appropriation is available until
22.50 	June 30, 2008, at which time the
22.51 	project must be completed and final
22.52 	products delivered, unless an earlier
22.53 	date is specified in the work program.
22.54 	In addition, if a project financed
22.55 	under this program receives a federal
22.56 	grant award, the availability of the
22.57 	financing from this paragraph for that
22.58 	project is extended to equal the period
22.59 	of the federal grant.
22.60 	(m) Mesabi Trail
22.61 	$500,000 the first year and $500,000
22.62 	the second year are from the trust fund
22.63 	to the commissioner of natural
22.64 	resources for an agreement with St.
22.65 	Louis and Lake Counties Regional Rail
23.1 	Authority for the seventh biennium to
23.2 	acquire and develop segments for the
23.3 	Mesabi Trail.  This appropriation is
23.4 	available until June 30, 2008, at which
23.5 	time the project must be completed and
23.6 	final products delivered.  If this
23.7 	project receives a federal grant award,
23.8 	the availability of the financing from
23.9 	this paragraph for the project is
23.10 	extended to equal the period of the
23.11 	federal grant.
23.12 	(n) Cannon Valley Trail Belle Creek Bridge
23.13 	Replacement
23.14 	$150,000 the first year and $150,000
23.15 	the second year are from the trust fund
23.16 	to the commissioner of natural
23.17 	resources for an agreement with the
23.18 	Cannon Valley Trail Joint Powers Board
23.19 	for bridge replacement of the Belle
23.20 	Creek Bridge on the Cannon Valley
23.21 	Trail.  This appropriation must be
23.22 	matched by at least $44,000 of nonstate
23.23 	money.
23.24 	(o) Arrowhead Regional Bike Trail Connections Plan
23.25 	$42,000 the first year and $41,000 the
23.26 	second year are from the trust fund to
23.27 	the commissioner of natural resources
23.28 	for an agreement with the Arrowhead
23.29 	Regional Development Commission to
23.30 	analyze the Arrowhead's major bike
23.31 	trails and plan new trail connections.
23.32 	(p) Land Acquisition, Minnesota Landscape Arboretum
23.33 	$325,000 the first year and $325,000
23.34 	the second year are from the trust fund
23.35 	to the University of Minnesota for an
23.36 	agreement with the University of
23.37 	Minnesota Landscape Arboretum
23.38 	Foundation for the sixth biennium to
23.39 	acquire land from willing sellers.
23.40 	This appropriation must be matched by
23.41 	an equal amount of nonstate money.
23.42 	This appropriation is available until
23.43 	June 30, 2008, at which time the
23.44 	project must be completed and final
23.45 	products delivered, unless an earlier
23.46 	date is specified in the work program.
23.47 	(q) Development and Rehabilitation of Minnesota
23.48 	Shooting Ranges
23.49 	$150,000 the first year and $150,000
23.50 	the second year are from the trust fund
23.51 	to the commissioner of natural
23.52 	resources to provide technical
23.53 	assistance and matching grants to local
23.54 	communities and recreational shooting
23.55 	and archery clubs for the purpose of
23.56 	developing or rehabilitating shooting
23.57 	and archery facilities for public use.
23.58 	Recipient facilities must be open to
23.59 	the general public at reasonable times
23.60 	and for a reasonable fee on a walk-in
23.61 	basis.  This appropriation is available
23.62 	until June 30, 2008, at which time the
23.63 	project must be completed and final
24.1 	products delivered, unless an earlier
24.2 	date is specified in the work program.
24.3 	(r) Birding Maps
24.4 	$50,000 the first year and $50,000 the
24.5 	second year are from the trust fund to
24.6 	the commissioner of natural resources
24.7 	for an agreement with Audubon Minnesota
24.8 	to create a new birding trail guide for
24.9 	the North Shore/Arrowhead region and
24.10 	reprint and distribute guides for three
24.11 	existing birding trails.
24.12 		Subd. 7.Water Resources              3,027,000      3,000,000
24.13 	Summary by Fund
24.14 	Trust Fund            2,999,000     3,000,000
24.15 	Great Lakes Protection
24.16 	Account                                28,000
24.17 	(a) Local Water Management Matching Challenge Grants
24.18 	$500,000 the first year and $500,000
24.19 	the second year are from the trust fund
24.20 	to the Board of Water and Soil
24.21 	Resources to accelerate the local water
24.22 	management challenge grant program
24.23 	under Minnesota Statutes, sections
24.24 	103B.3361 to 103B.3369, through
24.25 	matching grants to implement high
24.26 	priority activities in state-approved
24.27 	comprehensive water management plans.
24.28 	For the purposes of this paragraph, the
24.29 	match must be a nonstate contribution,
24.30 	but may be either cash or qualifying
24.31 	in-kind.  The grants may be provided on
24.32 	an advance basis as specified in the
24.33 	work program.  This appropriation is
24.34 	available until June 30, 2008, at which
24.35 	time the project must be completed and
24.36 	final products delivered, unless an
24.37 	earlier date is specified in the work
24.38 	program.
24.39 	(b) Accelerating and Enhancing Surface Water
24.40 	Monitoring for Lakes and Streams
24.41 	$300,000 the first year and $300,000
24.42 	the second year are from the trust fund
24.43 	to the commissioner of the Pollution
24.44 	Control Agency for acceleration of
24.45 	agency programs and cooperative
24.46 	agreements with the Minnesota Lakes
24.47 	Association, Rivers Council of
24.48 	Minnesota, and the University of
24.49 	Minnesota to accelerate monitoring
24.50 	efforts through assessments, citizen
24.51 	training, and implementation grants.
24.52 	This appropriation is available until
24.53 	June 30, 2008, at which time the
24.54 	project must be completed and final
24.55 	products delivered, unless an earlier
24.56 	date is specified in the work program.
24.57 	(c) Effects of Land Retirements on the
24.58 	Minnesota River
24.59 	$150,000 the first year and $150,000
25.1 	the second year are from the trust fund
25.2 	to the Board of Water and Soil
25.3 	Resources for a cooperative agreement
25.4 	with the U.S. Geological Survey to
25.5 	evaluate effects of retired or
25.6 	set-aside agricultural lands on the
25.7 	water quality and aquatic habitat of
25.8 	streams in the Minnesota River Basin in
25.9 	order to enhance prioritization of
25.10 	future land retirements.  This
25.11 	appropriation must be matched by an
25.12 	equal amount of nonstate money.  This
25.13 	appropriation is available until June
25.14 	30, 2008, at which time the project
25.15 	must be completed and final products
25.16 	delivered, unless an earlier date is
25.17 	specified in the work program.
25.18 	(d) Recycling Treated Municipal Wastewater for
25.19 	Industrial Water Use
25.20 	$150,000 the first year and $150,000
25.21 	the second year are from the trust fund
25.22 	to the commissioner of natural
25.23 	resources for an agreement with the
25.24 	Metropolitan Council to determine the
25.25 	feasibility of recycling treated
25.26 	municipal wastewater for industrial
25.27 	use, characterize industrial water
25.28 	demand and quality, and determine the
25.29 	costs to treat municipal wastewater to
25.30 	meet specific industrial needs.
25.31 	(e) Unwanted Hormone Therapy:  Protecting Water
25.32 	and Public Health
25.33 	$150,000 the first year and $150,000
25.34 	the second year are from the trust fund
25.35 	to the University of Minnesota to
25.36 	determine where behavior-altering
25.37 	estrogenic compounds come from and how
25.38 	they are distributed in wastewater
25.39 	treatment plants.  This appropriation
25.40 	is available until June 30, 2008, at
25.41 	which time the project must be
25.42 	completed and final products delivered,
25.43 	unless an earlier date is specified in
25.44 	the work program.
25.45 	(f) Climate Change Impacts on Minnesota's
25.46 	Aquatic Resources
25.47 	$125,000 the first year and $125,000
25.48 	the second year are from the trust fund
25.49 	to the University of Minnesota, Natural
25.50 	Resources Research Institute, to
25.51 	quantify climate, hydrologic, and
25.52 	ecological variability and trends; and
25.53 	identify indicators of future climate
25.54 	change effects on aquatic systems.
25.55 	This appropriation is available until
25.56 	June 30, 2008, at which time the
25.57 	project must be completed and final
25.58 	products delivered, unless an earlier
25.59 	date is specified in the work program.
25.60 	(g) Green Roof Cost Share and Monitoring
25.61 	$175,000 the first year and $175,000
25.62 	the second year are from the trust fund
25.63 	to the commissioner of natural
26.1 	resources for an agreement with Ramsey
26.2 	Conservation District to install green,
26.3 	vegetated roofs on four commercial or
26.4 	industrial buildings in Roseville and
26.5 	Falcon Heights and to monitor their
26.6 	effectiveness for stormwater
26.7 	management, flood reduction, water
26.8 	quality, and energy efficiency.  The
26.9 	cost of the installations must be
26.10 	matched by at least 50 percent nonstate
26.11 	money.
26.12 	(h) Woodchip Biofilter Treatment of Feedlot Runoff
26.13 	$135,000 the first year and $135,000
26.14 	the second year are from the trust fund
26.15 	to the commissioner of natural
26.16 	resources for agreements with Stearns
26.17 	County Soil and Water Conservation
26.18 	District and the University of
26.19 	Minnesota to treat feedlot runoff with
26.20 	woodchip biofilters to remove
26.21 	pollutants and assess improvements to
26.22 	surface water quality.  This
26.23 	appropriation is available until June
26.24 	30, 2008, at which time the project
26.25 	must be completed and final products
26.26 	delivered, unless an earlier date is
26.27 	specified in the work program.
26.28 	(i) Improving Water Quality on the Central Sands
26.29 	$294,000 the first year and $293,000
26.30 	the second year are from the trust fund
26.31 	to the commissioner of natural
26.32 	resources for agreements with the
26.33 	University of Minnesota and the Central
26.34 	Lakes College Agricultural Center to
26.35 	reduce nitrate and phosphorus losses to
26.36 	groundwater and surface waters of sandy
26.37 	ecoregions through the development,
26.38 	promotion, and adoption of new farming
26.39 	and land management practices and
26.40 	techniques.  This appropriation is
26.41 	available until June 30, 2008, at which
26.42 	time the project must be completed and
26.43 	final products delivered, unless an
26.44 	earlier date is specified in the work
26.45 	program.
26.46 	(j) Improving Impaired Watersheds:  Conservation
26.47 	Drainage Research
26.48 	$150,000 the first year and $150,000
26.49 	the second year are from the trust fund
26.50 	to the commissioner of agriculture to
26.51 	analyze conservation drainage systems
26.52 	at University of Minnesota research and
26.53 	outreach centers for opportunities to
26.54 	retrofit drainage infrastructure with
26.55 	water quality improvement
26.56 	technologies.  This appropriation is
26.57 	available until June 30, 2008, at which
26.58 	time the project must be completed and
26.59 	final products delivered, unless an
26.60 	earlier date is specified in the work
26.61 	program.
26.62 	(k) Hydrology, Habitat, and Energy Potential
26.63 	of Mine Lakes
27.1 	$188,000 the first year and $211,000
27.2 	the second year are from the trust fund
27.3 	to the commissioner of natural
27.4 	resources for agency work and
27.5 	agreements with Architectural
27.6 	Resources, Inc., and Northeast
27.7 	Technical Services, Inc., for a
27.8 	coordinated effort of the Central Iron
27.9 	Range Initiative to establish ultimate
27.10 	mine water elevations, outflows, and
27.11 	quality; design optimum future mineland
27.12 	configurations for fish habitat and
27.13 	lakeshore development; and evaluate
27.14 	wind-pumped hydropower potential.
27.15 	$62,000 the first year and $39,000 the
27.16 	second year are from the trust fund to
27.17 	the Minnesota Geological Survey at the
27.18 	University of Minnesota to assess the
27.19 	geology and mine pit morphometry.
27.20 	(l) Hennepin County Beach Water Quality
27.21 	Monitoring Project
27.22 	$50,000 the first year and $50,000 the
27.23 	second year are from the trust fund to
27.24 	the commissioner of natural resources
27.25 	for an agreement with Hennepin County
27.26 	to develop a predictive model for
27.27 	on-site determination of beach water
27.28 	quality to prevent outbreaks of
27.29 	waterborne illnesses and provide
27.30 	related water safety outreach to the
27.31 	public.
27.32 	(m) Southwest Minnesota Floodwater Retention Projects
27.33 	$250,000 the first year and $250,000
27.34 	the second year are from the trust fund
27.35 	to the commissioner of natural
27.36 	resources for an agreement with Area II
27.37 	MN River Basin Projects, Inc., to
27.38 	acquire easements and construct four
27.39 	floodwater retention projects in the
27.40 	Minnesota River Basin to improve water
27.41 	quality and waterfowl habitat.
27.42 	(n) Upgrades to Blue Heron Research Vessel
27.43 	$28,000 is from the Great Lakes
27.44 	protection account in the first year
27.45 	and $133,000 the first year and
27.46 	$134,000 the second year are from the
27.47 	trust fund to the University of
27.48 	Minnesota, Large Lakes Observatory, to
27.49 	upgrade and overhaul the Blue Heron
27.50 	Research Vessel.
27.51 	(o) Bassett Creek Valley Channel Restoration
27.52 	$87,000 the first year and $88,000 the
27.53 	second year are from the trust fund to
27.54 	the commissioner of natural resources
27.55 	for an agreement with the city of
27.56 	Minneapolis for design and engineering
27.57 	activities for habitat restoration and
27.58 	water quality and channel improvements
27.59 	for Bassett Creek Valley.
27.60 	(p) Restoration of Indian Lake
27.61 	$100,000 the first year and $100,000
28.1 	the second year are from the trust fund
28.2 	to the commissioner of natural
28.3 	resources for agreements with MN
28.4 	Environmental Services and Bemidji
28.5 	State University to demonstrate the
28.6 	removal of excess nutrients from Indian
28.7 	Lake in Wright County.  This
28.8 	appropriation is available until June
28.9 	30, 2008, at which time the project
28.10 	must be completed and final products
28.11 	delivered, unless an earlier date is
28.12 	specified in the work program, and is
28.13 	contingent on all appropriate permits
28.14 	being obtained.
28.15 		Subd. 8.Land Use and Natural Resource
28.16 	Information                            1,000,000      1,000,000
28.17 	Summary by Fund
28.18 	Trust Fund            1,000,000     1,000,000
28.19 	(a) Minnesota County Biological Survey
28.20 	$500,000 the first year and $500,000
28.21 	the second year are from the trust fund
28.22 	to the commissioner of natural
28.23 	resources for the tenth biennium to
28.24 	accelerate the survey that identifies
28.25 	significant natural areas and
28.26 	systematically collects and interprets
28.27 	data on the distribution and ecology of
28.28 	native plant communities, rare plants,
28.29 	and rare animals.
28.30 	(b) Soil Survey
28.31 	$250,000 the first year and $250,000
28.32 	the second year are from the trust fund
28.33 	to the Board of Water and Soil
28.34 	Resources to accelerate digitizing of
28.35 	completed soil surveys for Web-based
28.36 	user application and for agreements
28.37 	with Pine and Crow Wing Counties to
28.38 	begin soil surveys.  The new soil
28.39 	surveys must be done on a cost-share
28.40 	basis with local and federal funds.
28.41 	This appropriation is available until
28.42 	June 30, 2008, at which time the
28.43 	project must be completed and final
28.44 	products delivered, unless an earlier
28.45 	date is specified in the work program.
28.46 	(c) Land Cover Mapping for Natural Resource Protection
28.47 	$125,000 the first year and $125,000
28.48 	the second year are from the trust fund
28.49 	to the commissioner of natural
28.50 	resources for an agreement with
28.51 	Hennepin County to develop GIS tools
28.52 	for prioritizing natural areas for
28.53 	protection and restoration and to
28.54 	update and complete land cover
28.55 	classification mapping.
28.56 	(d) Open Space Planning and Protection
28.57 	$125,000 the first year and $125,000
28.58 	the second year are from the trust fund
28.59 	to the commissioner of natural
28.60 	resources for an agreement with Anoka
29.1 	Conservation District to protect open
29.2 	space by identifying high priority
29.3 	natural resource corridors through
29.4 	planning, conservation easements, and
29.5 	land dedication as part of development
29.6 	processes.
29.7 		Subd. 9.Agriculture and Natural
29.8 	Resource Industries                    1,342,000      1,341,000
29.9 	Summary by Fund
29.10 	Trust Fund            1,342,000     1,341,000
29.11 	(a) Completing Third-Party Certification
29.12 	of DNR Forest Lands
29.13 	$125,000 the first year and $125,000
29.14 	the second year are from the trust fund
29.15 	to the commissioner of natural
29.16 	resources for third-party assessment
29.17 	and certification of 4,470,000 acres of
29.18 	DNR-administered lands under forest
29.19 	sustainability standards established by
29.20 	two internationally recognized forest
29.21 	certification systems, the Forest
29.22 	Stewardship Council system, and the
29.23 	Sustainable Forestry Initiative system.
29.24 	(b) Third-Party Certification of Private Woodlands
29.25 	$188,000 the first year and $188,000
29.26 	the second year are from the trust fund
29.27 	to the University of Minnesota, Cloquet
29.28 	Forestry Center, to pilot a third-party
29.29 	certification assessment framework for
29.30 	nonindustrial private forest owners.
29.31 	(c) Sustainable Management of Private Forest Lands
29.32 	$437,000 the first year and $437,000
29.33 	the second year are from the trust fund
29.34 	to the commissioner of natural
29.35 	resources to develop stewardship plans
29.36 	for private forested lands, implement
29.37 	stewardship plans on a cost-share basis
29.38 	and for conservation easements matching
29.39 	federal funds.  This appropriation is
29.40 	available until June 30, 2008, at which
29.41 	time the project must be completed and
29.42 	final products delivered, unless an
29.43 	earlier date is specified in the work
29.44 	program.
29.45 	(d) Evaluating Riparian Timber Harvesting
29.46 	Guidelines:  Phase 2
29.47 	$167,000 the first year and $166,000
29.48 	the second year are from the trust fund
29.49 	to the University of Minnesota for a
29.50 	second biennium to assess the timber
29.51 	harvesting riparian management
29.52 	guidelines for postharvest impacts on
29.53 	terrestrial, aquatic, and wildlife
29.54 	habitat.  This appropriation is
29.55 	available until June 30, 2008, at which
29.56 	time the project must be completed and
29.57 	final products delivered, unless an
29.58 	earlier date is specified in the work
29.59 	program.
30.1 	(e) Third Crops for Water Quality-Phase 2
30.2 	$250,000 the first year and $250,000
30.3 	the second year are from the trust fund
30.4 	to the commissioner of natural
30.5 	resources for cooperative agreements
30.6 	with Rural Advantage and the University
30.7 	of Minnesota to accelerate adoption of
30.8 	third crops to enhance water quality,
30.9 	diversify cropping systems, supply
30.10 	bioenergy, and provide wildlife habitat
30.11 	through demonstration, research, and
30.12 	education.  This appropriation is
30.13 	available until June 30, 2008, at which
30.14 	time the project must be completed and
30.15 	final products delivered, unless an
30.16 	earlier date is specified in the work
30.17 	program.
30.18 	(f) Bioconversion of Potato Waste into
30.19 	Marketable Biopolymers
30.20 	$175,000 the first year and $175,000
30.21 	the second year are from the trust fund
30.22 	to the commissioner of natural
30.23 	resources for an agreement with Bemidji
30.24 	State University to evaluate the
30.25 	bioconversion of potato waste into
30.26 	plant-based plastics.  This
30.27 	appropriation is available until June
30.28 	30, 2008, at which time the project
30.29 	must be completed and final products
30.30 	delivered, unless an earlier date is
30.31 	specified in the work program.
30.32 		Subd. 10.Energy                      1,896,000      1,896,000
30.33 	Summary by Fund
30.34 	Trust Fund            1,896,000     1,896,000
30.35 	(a) Clean Energy Resource Teams and Community Wind
30.36 	Energy Rebate Program
30.37 	$350,000 the first year and $350,000
30.38 	the second year are from the trust fund
30.39 	to the commissioner of commerce.
30.40 	$300,000 of this appropriation is to
30.41 	provide technical assistance to
30.42 	implement cost-effective conservation,
30.43 	energy efficiency, and renewable energy
30.44 	projects.  $400,000 of this
30.45 	appropriation is to assist two
30.46 	Minnesota communities in developing
30.47 	locally owned wind energy projects by
30.48 	offering financial assistance rebates.
30.49 	(b) Planning for Economic Development
30.50 	via Energy Independence
30.51 	$120,000 the first year and $120,000
30.52 	the second year are from the trust fund
30.53 	to the commissioner of natural
30.54 	resources for an agreement with the
30.55 	University of Minnesota-Duluth to
30.56 	evaluate the socioeconomic benefits of
30.57 	statewide and community renewable
30.58 	energy production and distribution by
30.59 	analyzing system installation,
30.60 	technical capabilities,
30.61 	cost-competitiveness, economic impacts,
31.1 	and policy incentives.
31.2 	(c) Manure Methane Digester Compatible Wastes
31.3 	and Electrical Generation
31.4 	$50,000 the first year and $50,000 the
31.5 	second year are from the trust fund to
31.6 	the commissioner of agriculture to
31.7 	research the potential for a centrally
31.8 	located, multifarm manure digester and
31.9 	the potential use of compatible waste
31.10 	streams with manure digesters.
31.11 	(d) Dairy Farm Digesters
31.12 	$168,000 the first year and $168,000
31.13 	the second year are from the trust fund
31.14 	to the commissioner of natural
31.15 	resources for an agreement with the
31.16 	Minnesota Project for a pilot project
31.17 	to evaluate anaerobic digester
31.18 	technology on average size dairy farms
31.19 	of 50 to 300 cows.
31.20 	(e) Wind to Hydrogen Demonstration
31.21 	$400,000 the first year and $400,000
31.22 	the second year are from the trust fund
31.23 	to the commissioner of natural
31.24 	resources for an agreement with the
31.25 	University of Minnesota, West Central
31.26 	Research and Outreach Center, to
31.27 	develop a model community-scale
31.28 	wind-to-hydrogen facility.
31.29 	(f) Natural Gas Production from
31.30 	Agricultural Biomass
31.31 	$50,000 the first year and $50,000 the
31.32 	second year are from the trust fund to
31.33 	the commissioner of natural resources
31.34 	for an agreement with Sebesta Blomberg
31.35 	and Associates to demonstrate potential
31.36 	natural gas yield using anaerobic
31.37 	digestion of blends of chopped grasses
31.38 	or crop residue with hog manure and
31.39 	determine optimum operating conditions
31.40 	for conversion to natural gas.
31.41 	(g) Biomass-Derived Oils for Generating Electricity
31.42 	and Reducing Emissions
31.43 	$75,000 the first year and $75,000 the
31.44 	second year are from the trust fund to
31.45 	the University of Minnesota to evaluate
31.46 	the environmental and performance
31.47 	benefits of using renewable
31.48 	biomass-derived oils, such as soybean
31.49 	oil, for generating electricity.
31.50 	(h) Phillips Biomass Community Energy System
31.51 	$450,000 the first year and $450,000
31.52 	the second year are from the trust fund
31.53 	to the commissioner of natural
31.54 	resources for an agreement with
31.55 	Phillips Community Energy Cooperative
31.56 	to assist in the distribution system
31.57 	equipment and construction costs for a
31.58 	biomass district energy system.  This
31.59 	appropriation is contingent on all
32.1 	appropriate permits being obtained and
32.2 	a signed commitment of financing for
32.3 	the biomass electrical generating
32.4 	facility being in place.
32.5 	(i) Laurentian Energy Authority Biomass Project
32.6 	$233,000 the first year and $233,000
32.7 	the second year are from the trust fund
32.8 	to the commissioner of natural
32.9 	resources for an agreement with
32.10 	Virginia Public Utility to lease land
32.11 	and plant approximately 1,000 acres of
32.12 	trees to support a proposed conversion
32.13 	to a biomass power plant.
32.14 		Subd. 11.Environmental Education       360,000        360,000
32.15 	Summary by Fund
32.16 	Trust Fund              360,000       360,000
32.17 	(a) Enhancing Civic Understanding of Groundwater
32.18 	$75,000 the first year and $75,000 the
32.19 	second year are from the trust fund to
32.20 	the commissioner of natural resources
32.21 	for an agreement with the Science
32.22 	Museum of Minnesota to create
32.23 	groundwater exhibits and a statewide
32.24 	traveling groundwater classroom
32.25 	program.  This appropriation is
32.26 	available until June 30, 2008, at which
32.27 	time the project must be completed and
32.28 	final products delivered, unless an
32.29 	earlier date is specified in the work
32.30 	program.
32.31 	(b) Cedar Creek Natural History Area Interpretive
32.32 	Center and Restoration
32.33 	$200,000 the first year and $200,000
32.34 	the second year are from the trust fund
32.35 	to the commissioner of natural
32.36 	resources for an agreement with the
32.37 	University of Minnesota, Cedar Creek
32.38 	Natural History Area, to restore 400
32.39 	acres of savanna and prairie; construct
32.40 	a Science Interpretive Center to
32.41 	publicly demonstrate technologies for
32.42 	energy efficiency; and create
32.43 	interpretive trails.  This
32.44 	appropriation is available until June
32.45 	30, 2008, at which time the project
32.46 	must be completed and final products
32.47 	delivered, unless an earlier date is
32.48 	specified in the work program.
32.49 	(c) Environmental Problem-Solving Model
32.50 	for Twin Cities Schools
32.51 	$38,000 the first year and $37,000 the
32.52 	second year are from the trust fund to
32.53 	the commissioner of natural resources
32.54 	for an agreement with Eco Education to
32.55 	train high school students and teachers
32.56 	on environmental problem solving.
32.57 	(d) Tamarack Nature Center Exhibits
32.58 	$47,000 the first year and $48,000 the
33.1 	second year are from the trust fund to
33.2 	the commissioner of natural resources
33.3 	for an agreement with Ramsey County
33.4 	Parks and Recreation Department to
33.5 	develop interactive ecological exhibits
33.6 	at Tamarack Nature Center.
33.7 		Subd. 12.Children's Environmental
33.8 	Health                                   100,000        100,000
33.9 	Summary by Fund
33.10 	Trust Fund              100,000       100,000
33.11 	Minnesota Children's Pesticide Exposure
33.12 	Reduction Initiative
33.13 	$100,000 the first year and $100,000
33.14 	the second year are appropriated to the
33.15 	commissioner of agriculture to reduce
33.16 	children's pesticide exposure through
33.17 	parent education on alternative pest
33.18 	control methods and safe pesticide use.
33.19 		Subd. 13.Data Availability Requirements
33.20 	(a) During the biennium ending June 30,
33.21 	2007, data collected by the projects
33.22 	funded under this section that have
33.23 	value for planning and management of
33.24 	natural resource, emergency
33.25 	preparedness, and infrastructure
33.26 	investments must conform to the
33.27 	enterprise information architecture
33.28 	developed by the Office of Technology.
33.29 	Spatial data must conform to geographic
33.30 	information system guidelines and
33.31 	standards outlined in that architecture
33.32 	and adopted by the Minnesota Geographic
33.33 	Data Clearinghouse at the Land
33.34 	Management Information Center.  A
33.35 	description of these data that adheres
33.36 	to Office of Technology geographic
33.37 	metadata standards must be submitted to
33.38 	the Land Management Information Center
33.39 	to be made available online through the
33.40 	clearinghouse, and the data themselves
33.41 	must be accessible and free to the
33.42 	public unless made private under the
33.43 	Data Practices Act, Minnesota Statutes,
33.44 	chapter 13.
33.45 	(b) To the extent practicable, summary
33.46 	data and results of projects funded
33.47 	under this section should be readily
33.48 	accessible on the Internet and
33.49 	identified as an environment and
33.50 	natural resources trust fund project.
33.51 	(c) As part of project expenditures,
33.52 	recipients of land acquisition
33.53 	appropriations must provide the
33.54 	information necessary to update public
33.55 	recreation information maps to the
33.56 	Department of Natural Resources in the
33.57 	form specified by the department.
33.58 		Subd. 14.Project Requirements
33.59 	It is a condition of acceptance of the
33.60 	appropriations in this section that any
34.1 	agency or entity receiving the
34.2 	appropriation must comply with
34.3 	Minnesota Statutes, chapter 116P, and
34.4 	vegetation planted must be native to
34.5 	Minnesota and preferably of the local
34.6 	ecotype unless the work program
34.7 	approved by the commission expressly
34.8 	allows the planting of species that are
34.9 	not native to Minnesota.  Bridges that
34.10 	are constructed with appropriations
34.11 	under this section must be made out of
34.12 	iron, concrete, or wood.
34.13 		Subd. 15.Match Requirements
34.14 	Unless specifically authorized,
34.15 	appropriations in this section that
34.16 	must be matched and for which the match
34.17 	has not been committed by December 31,
34.18 	2005, are canceled, and in-kind
34.19 	contributions may not be counted as
34.20 	matching funds.
34.21 		Subd. 16.Payment Conditions and Capital Equipment Expenditures
34.22 	All agreements, grants, or contracts
34.23 	referred to in this section must be
34.24 	administered on a reimbursement basis
34.25 	unless otherwise provided in this
34.26 	section.  Notwithstanding Minnesota
34.27 	Statutes, section 16A.41, expenditures
34.28 	made on or after July 1, 2005, or the
34.29 	date the work program is approved,
34.30 	whichever is later, are eligible for
34.31 	reimbursement unless otherwise provided
34.32 	in this section.  Payment must be made
34.33 	upon receiving documentation that
34.34 	project-eligible, reimbursable dollar
34.35 	amounts have been expended, except that
34.36 	reasonable amounts may be advanced to
34.37 	projects to accommodate cash flow needs
34.38 	or match federal funds.  The advances
34.39 	must be approved as part of the work
34.40 	program.  No expenditures for capital
34.41 	equipment are allowed unless expressly
34.42 	authorized in the project work program.
34.43 		Subd. 17.Purchase of Recycled and Recyclable Materials
34.44 	A political subdivision, public or
34.45 	private corporation, or other entity
34.46 	that receives an appropriation in this
34.47 	section must use the appropriation in
34.48 	compliance with Minnesota Statutes,
34.49 	sections 16B.121 and 16B.122, requiring
34.50 	the purchase of recycled, repairable,
34.51 	and durable materials; the purchase of
34.52 	uncoated paper stock; and the use of
34.53 	soy-based ink, the same as if it were a
34.54 	state agency.
34.55 		Subd. 18.Energy Conservation
34.56 	A recipient to whom an appropriation is
34.57 	made in this section for a capital
34.58 	improvement project shall ensure that
34.59 	the project complies with the
34.60 	applicable energy conservation
34.61 	standards contained in law, including
34.62 	Minnesota Statutes, sections 216C.19
34.63 	and 216C.20, and rules adopted
35.1 	thereunder.  The recipient may use the
35.2 	energy planning, advocacy, and state
35.3 	energy office units of the Department
35.4 	of Commerce to obtain information and
35.5 	technical assistance on energy
35.6 	conservation and alternative energy
35.7 	development relating to the planning
35.8 	and construction of the capital
35.9 	improvement project.
35.10 		Subd. 19.Accessibility
35.11 	Structural and nonstructural facilities
35.12 	must meet the design standards in the
35.13 	Americans with Disability Act (ADA)
35.14 	accessibility guidelines.

35.15 	Sec. 12. Minnesota Statutes 2004, section 16A.125,
35.16 	subdivision 5, is amended to read:
35.17 		Subd. 5.Forest trust lands. (a) The term "state forest
35.18 	trust fund lands" as used in this subdivision, means public land
35.19 	in trust under the Constitution set apart as "forest lands under
35.20 	the authority of the commissioner" of natural resources as
35.21 	defined by section 89.001, subdivision 13.
35.22 	(b) The commissioner of finance shall credit the revenue
35.23 	from the forest trust fund lands to the forest suspense
35.24 	account.  The account must specify the trust funds interested in
35.25 	the lands and the respective receipts of the lands.
35.26 	(c) After a fiscal year, the commissioner of finance shall
35.27 	certify the total costs incurred for forestry during that year
35.28 	under appropriations for the protection, improvement,
35.29 	administration, and management of state forest trust fund lands
35.30 	and construction and improvement of forest roads to enhance the
35.31 	forest value of the lands.  The certificate must specify the
35.32 	trust funds interested in the lands.  The commissioner of
35.33 	natural resources shall supply the commissioner of finance with
35.34 	the information needed for the certificate.
35.35 	(d) After a fiscal year, the commissioner shall distribute
35.36 	the receipts credited to the suspense account during that fiscal
35.37 	year as follows:
35.38 	(a) (1) the amount of the certified costs incurred by the
35.39 	state for forest management, forest improvement, and road
35.40 	improvement during the fiscal year shall be transferred to
35.41 	the general fund.forest management investment account
36.1 	established under section 89.039;
36.2 	(2) the balance of the certified costs incurred by the
36.3 	state during the fiscal year shall be transferred to the general
36.4 	fund; and 
36.5 	(b) (3) the balance of the receipts shall then be returned
36.6 	prorated to the trust funds in proportion to their respective
36.7 	interests in the lands which produced the receipts.

36.8 	Sec. 13. Minnesota Statutes 2004, section 17.03,
36.9 	subdivision 13, is amended to read:
36.10 		Subd. 13.Semiannual reports.  (a) By October 15 and
36.11 	April 15 of each year,The commissioner shall submit to the
36.12 	legislative committees having jurisdiction over appropriations
36.13 	from the agricultural fund in section 16A.531a report reports 
36.14 	on the amount of revenue raised in each fee account within the
36.15 	fund, the expenditures from each account, and the purposes for
36.16 	which the expenditures were made. The reports must be issued in
36.17 	February and November each year, to coincide with the forecasts
36.18 	of revenue and expenditures prepared under section 16A.103.
36.19 	(b) The report delivered on October 15 in February of each
36.20 	year must include the commissioner's recommendations, if any,
36.21 	for changes in statutes relating to the fee accounts of the
36.22 	agricultural fund.

36.23 	Sec. 14. Minnesota Statutes 2004, section 17.117, is
36.24 	amended by adding a subdivision to read:
36.25 		Subd. 5b.Application fee. The commissioner may impose a
36.26 	nonrefundable application fee of $50 for each loan issued under
36.27 	the program.  The fees must be credited to the agricultural best
36.28 	management practices administration account, which is hereby
36.29 	established in the agricultural fund.  Interest earned in the
36.30 	account accrues to the account.  Money in the account and
36.31 	interest earned in the accounts established in the agricultural
36.32 	fund under subdivision 5a are appropriated to the commissioner
36.33 	for administrative expenses of the program.

36.34 	Sec. 15. Minnesota Statutes 2004, section 17B.03,
36.35 	subdivision 1, is amended to read:
36.36 		Subdivision 1.Commissioner's powers.  The commissioner
37.1 	of agriculture shall exercise general supervision over the
37.2 	inspection, grading, weighing, sampling, and analysis of grain
37.3 	subject to the provisions of the United States Grain Standards
37.4 	Act of 1976 and the rules promulgated thereunder by the United
37.5 	States Department of Agriculture.  This activity may take place
37.6 	within or outside the state of Minnesota. Scale testing must be
37.7 	performed at export locations or, upon request from and with the
37.8 	consent of the delegated authority, at domestic locations.  Fees
37.9 	for the testing of scales and weighing equipment shall be fixed
37.10 	by the commissioner and must be uniform with those charged by
37.11 	the Division of Weights and Measures of the Department of
37.12 	Commerce.

37.13 	Sec. 16. Minnesota Statutes 2004, section 18B.05,
37.14 	subdivision 1, is amended to read:
37.15 		Subdivision 1.Establishment.  A pesticide regulatory
37.16 	account is established in the agricultural fund.  Fees,
37.17 	assessments,and penalties collected under this chapter must be
37.18 	deposited in the agricultural fund and credited to the pesticide
37.19 	regulatory account.  Money in the account, including interest,
37.20 	is appropriated to the commissioner for the administration and
37.21 	enforcement of this chapter.

37.22 	Sec. 17. Minnesota Statutes 2004, section 18B.08,
37.23 	subdivision 4, is amended to read:
37.24 		Subd. 4.Application fee.  A person initially applying
37.25 	for a chemigation permit must pay a nonrefundable application
37.26 	fee of $50 $250.  A person who holds a fertilizer chemigation
37.27 	permit under section 18C.205, is exempt from the fee in this
37.28 	subdivision.

37.29 	Sec. 18. Minnesota Statutes 2004, section 18B.26,
37.30 	subdivision 3, is amended to read:
37.31 		Subd. 3.Application fee.  (a) A registrant shall pay an
37.32 	annual application fee for each pesticide to be registered, and
37.33 	this fee is set at one-tenth of one percent for calendar year
37.34 	1990, at one-fifth of one percent for calendar year 1991, and at
37.35 	two-fifths of one percent for calendar year 1992 and thereafter
37.36 	of annual gross sales within the state and annual gross sales of
38.1 	pesticides used in the state, with a minimum nonrefundable fee
38.2 	of $250.  The registrant shall determine when and which
38.3 	pesticides are sold or used in this state.  The registrant shall
38.4 	secure sufficient sales information of pesticides distributed
38.5 	into this state from distributors and dealers, regardless of
38.6 	distributor location, to make a determination.  Sales of
38.7 	pesticides in this state and sales of pesticides for use in this
38.8 	state by out-of-state distributors are not exempt and must be
38.9 	included in the registrant's annual report, as required under
38.10 	paragraph (c), and fees shall be paid by the registrant based
38.11 	upon those reported sales.  Sales of pesticides in the state for
38.12 	use outside of the state are exempt from the application fee in
38.13 	this paragraph if the registrant properly documents the sale
38.14 	location and distributors.  A registrant paying more than the
38.15 	minimum fee shall pay the balance due by March 1 based on the
38.16 	gross sales of the pesticide by the registrant for the preceding
38.17 	calendar year.  The fee for disinfectants and sanitizers shall
38.18 	be the minimum.  The minimum fee is due by December 31 preceding
38.19 	the year for which the application for registration is made.
38.20 	The commissioner shall spend at least $300,000 per fiscal year
38.21 	from the pesticide regulatory account for the purposes of the
38.22 	waste pesticide collection program.
38.23 	(b) An additional fee of $100 must be paid by the applicant
38.24 	for each pesticide to be registered if the application is a
38.25 	renewal application that is submitted after December 31.
38.26 	(c) A registrant must annually report to the commissioner
38.27 	the amount and type of each registered pesticide sold, offered
38.28 	for sale, or otherwise distributed in the state.  The report
38.29 	shall be filed by March 1 for the previous year's registration.
38.30 	The commissioner shall specify the form of the report and
38.31 	require additional information deemed necessary to determine the
38.32 	amount and type of pesticides annually distributed in the
38.33 	state.  The information required shall include the brand name,
38.34 	amount, and formulation of each pesticide sold, offered for
38.35 	sale, or otherwise distributed in the state, but the information
38.36 	collected, if made public, shall be reported in a manner which
39.1 	does not identify a specific brand name in the report.
39.2 	(d) A registrant who is required to pay more than the
39.3 	minimum fee for any pesticide under paragraph (a) must pay a
39.4 	late fee penalty of $100 for each pesticide application fee paid
39.5 	after March 1 in the year for which the license is to be issued.

39.6 	Sec. 19. Minnesota Statutes 2004, section 18B.31,
39.7 	subdivision 5, is amended to read:
39.8 		Subd. 5.Application fee.  (a) An application for a
39.9 	pesticide dealer license must be accompanied by a nonrefundable
39.10 	application fee of $50 $150.
39.11 	(b) If an application for renewal of a pesticide dealer
39.12 	license is not filed before January 1 of the year for which the
39.13 	license is to be issued, an additional fee of $20 must be paid
39.14 	by the applicant before the license is issued.

39.15 	Sec. 20. Minnesota Statutes 2004, section 18B.315,
39.16 	subdivision 6, is amended to read:
39.17 		Subd. 6.Fees.  (a) An applicant for an aquatic pest
39.18 	control license for a business must pay a nonrefundable
39.19 	application fee of $100 $200.  An employee of a licensed
39.20 	business must pay a nonrefundable application fee of $50 for an
39.21 	individual aquatic pest control license.
39.22 	(b) An application received after expiration of the aquatic
39.23 	pest control license is subject to a penalty of 50 percent of
39.24 	the application fee.
39.25 	(c) An applicant that meets renewal requirements by
39.26 	reexamination instead of attending workshops must pay the
39.27 	equivalent workshop fee for the reexamination as determined by
39.28 	the commissioner.

39.29 	Sec. 21. Minnesota Statutes 2004, section 18B.32,
39.30 	subdivision 6, is amended to read:
39.31 		Subd. 6.Fees.  (a) An applicant for a structural pest
39.32 	control license for a business must pay a nonrefundable
39.33 	application fee of $100 $200.  An employee of a licensed
39.34 	business must pay a nonrefundable application fee of $50 for an
39.35 	individual structural pest control license.
39.36 	(b) An application received after expiration of the
40.1 	structural pest control license is subject to a penalty fee of
40.2 	50 percent of the application fee.
40.3 	(c) An applicant that meets renewal requirements by
40.4 	reexamination instead of attending workshops must pay the
40.5 	equivalent workshop fee for the reexamination as determined by
40.6 	the commissioner.

40.7 	Sec. 22. Minnesota Statutes 2004, section 18B.33,
40.8 	subdivision 7, is amended to read:
40.9 		Subd. 7.Application fees.  (a) A person initially
40.10 	applying for or renewing a commercial applicator license must
40.11 	pay a nonrefundable application fee of $50.
40.12 	(b) If A license renewal application is not filed
40.13 	before received after March 1 of in the year for which the
40.14 	license is to be issued, an additional is subject to a penalty
40.15 	fee of $10 must be paid before the commercial applicator 50
40.16 	percent of the application fee.  The penalty fee must be paid
40.17 	before the renewal license may be issued.
40.18 	(c) An application for a duplicate commercial applicator
40.19 	license must be accompanied by a nonrefundable application fee
40.20 	of $10.

40.21 	Sec. 23. Minnesota Statutes 2004, section 18B.34,
40.22 	subdivision 5, is amended to read:
40.23 		Subd. 5.Fees.  (a) A person initially applying for or
40.24 	renewing a noncommercial applicator license must pay a
40.25 	nonrefundable application fee of $50, except an applicant who is
40.26 	a government or Minnesota Conservation Corps employee who uses
40.27 	pesticides in the course of performing official duties must pay
40.28 	a nonrefundable application fee of $10.
40.29 	(b) If an A license renewal application for renewal of a
40.30 	noncommercial license is not filed before received after March 1
40.31 	in the year for which the license is to be issued, an additional 
40.32 	is subject to a penalty fee of $10 must be paid before the 50
40.33 	percent of the application fee.  The penalty fee must be paid
40.34 	before the renewal license may be issued.
40.35 	(c) An application for a duplicate noncommercial applicator
40.36 	license must be accompanied by a nonrefundable application fee
41.1 	of $10.

41.2 	Sec. 24. Minnesota Statutes 2004, section 18C.141,
41.3 	subdivision 1, is amended to read:
41.4 		Subdivision 1.Program establishment.  The commissioner
41.5 	shall establish a program voluntary programs to certify the
41.6 	accuracy of analyses from soil and manure testing laboratories
41.7 	and promote standardization of soil and manure testing
41.8 	procedures and analytical results.

41.9 	Sec. 25. Minnesota Statutes 2004, section 18C.141,
41.10 	subdivision 3, is amended to read:
41.11 		Subd. 3.Analyses reporting standards.  (a) The results
41.12 	obtained from soil, manure, or plant analysis must be reported
41.13 	in accordance with standard reporting units established by the
41.14 	commissioner by rule.  The standard reporting units must conform
41.15 	as far as practical to uniform standards that are adopted on a
41.16 	regional or national basis.
41.17 	(b) If a certified laboratory offers a recommendation for
41.18 	use in Minnesota, the University of Minnesota recommendation or
41.19 	that of another land grant college in a contiguous state must be
41.20 	offered in addition to other recommendations, and the source of
41.21 	the recommendation must be identified on the recommendation
41.22 	form.  If relative levels such as low, medium, or high are
41.23 	presented to classify the analytical results, the corresponding
41.24 	relative levels based on the analysis as designated by the
41.25 	University of Minnesota or the land grant college in a
41.26 	contiguous state must also be presented.

41.27 	Sec. 26. Minnesota Statutes 2004, section 18C.141,
41.28 	subdivision 5, is amended to read:
41.29 		Subd. 5.certification fees.  (a) The commissioner may
41.30 	charge the actual costs for check sample preparation and
41.31 	shipping.
41.32 	(b) A laboratory applying for certification shall pay an
41.33 	application fee of $100 and a certification fee of $100 before
41.34 	the certification is issued may be charged a nonrefundable
41.35 	certification fee to cover the actual costs for administration
41.36 	of the program.
42.1 	(b) (c) Certification is valid for one year and the renewal
42.2 	fee is $100.  The commissioner shall charge an additional
42.3 	application fee of $100 if a certified laboratory allows
42.4 	certification to lapse before applying for renewed certification 
42.5 	renewable on an annual basis.
42.6 	(c) The commissioner shall notify a certified lab that its
42.7 	certification lapses within 30 to 60 days of the date when the
42.8 	certification lapses.
42.9 	(d) The commissioner may accept donations to support the
42.10 	development and operation of soil and manure programs.
42.11 	(e) Revenues under this section are deposited in the
42.12 	fertilizer account of the agricultural fund.

42.13 	Sec. 27. Minnesota Statutes 2004, section 18C.425,
42.14 	subdivision 6, is amended to read:
42.15 		Subd. 6.Inspection fees.  The person responsible for
42.16 	payment of the inspection fees for fertilizers, soil amendments,
42.17 	or plant amendments sold and used in this state must pay an
42.18 	inspection fee of 15 30 cents per ton of fertilizer, soil
42.19 	amendment, and plant amendment sold or distributed in this
42.20 	state, with a minimum of $10 on all tonnage reports.  Products
42.21 	sold or distributed to manufacturers or exchanged between them
42.22 	are exempt from the inspection fee imposed by this subdivision
42.23 	if the products are used exclusively for manufacturing purposes.

42.24 	Sec. 28. Minnesota Statutes 2004, section 18E.03,
42.25 	subdivision 2, is amended to read:
42.26 		Subd. 2.Expenditures.  (a) Money in the agricultural
42.27 	chemical response and reimbursement account may only be used:
42.28 	(1) to pay for the commissioner's responses to incidents
42.29 	under chapters 18B, 18C, and 18D that are not eligible for
42.30 	payment under section 115B.20, subdivision 2;
42.31 	(2) to pay for emergency responses that are otherwise
42.32 	unable to be funded;
42.33 	(3) to reimburse and pay corrective action costs under
42.34 	section 18E.04; and
42.35 	(4) by the board to reimburse the commissioner for board
42.36 	staff and other administrative costs up to $175,000 $225,000 per
43.1 	fiscal year.
43.2 	(b) Money in the agricultural chemical response and
43.3 	reimbursement account is appropriated to the commissioner to
43.4 	make payments as provided in this subdivision.

43.5 	Sec. 29. Minnesota Statutes 2004, section 18G.10,
43.6 	subdivision 5, is amended to read:
43.7 		Subd. 5.Certificate fees.  (a) The commissioner shall
43.8 	assess the fees in paragraphs (b) to (f) for the inspection,
43.9 	service, and work performed in carrying out the issuance of a
43.10 	phytosanitary certificate or export certificate.  The inspection
43.11 	fee must be based on mileage and inspection time.
43.12 	(b) Mileage charge:  current United States Internal Revenue
43.13 	Service mileage rate.
43.14 	(c) Inspection time:  $50 per hour minimum or fee necessary
43.15 	to cover department costs.  Inspection time includes the driving
43.16 	time to and from the location in addition to the time spent
43.17 	conducting the inspection.
43.18 	(d) A fee must be charged for any certificate issued that
43.19 	requires laboratory analysis before issuance.  The fee must be
43.20 	deposited into the laboratory account as authorized in section
43.21 	17.85.If laboratory analysis or other technical analysis is
43.22 	required to issue a certificate, the commissioner must set and
43.23 	collect the fee to recover this additional cost.
43.24 	(e) Certificate fee for product value greater than $250:
43.25 	$75 for each phytosanitary or export certificate issued for any
43.26 	single shipment valued at more than $250 in addition to any
43.27 	mileage or inspection time charges that are assessed.
43.28 	(f) Certificate fee for product value less than $250:  $25
43.29 	for each phytosanitary or export certificate issued for any
43.30 	single shipment valued at less than $250 in addition to any
43.31 	mileage or inspection time charges that are assessed.
43.32 	(g) For services provided for in subdivision 7 that are
43.33 	goods and services provided for the direct and primary use of a
43.34 	private individual, business, or other entity, the commissioner
43.35 	must set and collect the fees to cover the cost of the services
43.36 	provided.

44.1 	Sec. 30. Minnesota Statutes 2004, section 18G.10,
44.2 	subdivision 7, is amended to read:
44.3 		Subd. 7.plant protection inspections,supplemental,
44.4 	additional, or other certificates,and permits, and fees.  (a)
44.5 	The commissioner may provide inspection, sampling, or
44.6 	certification services to ensure that Minnesota plant products
44.7 	or commodities meet import requirements of other states or
44.8 	countries.
44.9 	(b) The state plant regulatory official may issue permits
44.10 	and certificates verifying that various Minnesota agricultural
44.11 	products or commodities meet specified phytosanitary plant
44.12 	health requirements, treatment requirements, or pest absence
44.13 	assurances based on determinations by the commissioner. The
44.14 	commissioner may collect fees sufficient to recover costs for
44.15 	these permits or certificates.  The fees must be deposited in
44.16 	the nursery and phytosanitary account.

44.17 	Sec. 31. Minnesota Statutes 2004, section 18G.16,
44.18 	subdivision 1, is amended to read:
44.19 		Subdivision 1.Definitions.  (a) The definitions in this
44.20 	subdivision apply to this section.
44.21 	(b) "Metropolitan area" means the counties of Anoka,
44.22 	Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
44.23 	(c) "Municipality" means a home rule charter or statutory
44.24 	city or a town located in the metropolitan area that exercises
44.25 	municipal powers under section 368.01 or any general or special
44.26 	law; a special park district organized under chapter 398; a
44.27 	special-purpose park and recreation board organized under the
44.28 	city charter of a city of the first class located in the
44.29 	metropolitan area; a county in the metropolitan area for the
44.30 	purposes of county-owned property or any portion of a county
44.31 	located outside the geographic boundaries of a city or a town
44.32 	exercising municipal powers; and a municipality or county
44.33 	located outside the metropolitan area with an approved disease
44.34 	control program.
44.35 	(d) "Shade tree disease pest " means Dutch elm disease, oak
44.36 	wilt, or any disorder pests or pathogens affecting the growth
45.1 	and life of shade trees.
45.2 	(e) "Wood utilization or disposal system" means facilities,
45.3 	equipment, or systems used for the removal and disposal of
45.4 	diseased or pest-infested shade trees, including collection,
45.5 	transportation, processing, or storage of wood and assisting in
45.6 	the recovery of materials or energy from wood.
45.7 	(f) "Approved disease pest control program" means a
45.8 	municipal plan approved by the commissioner to control or
45.9 	eradicate a shade tree disease pest.
45.10 	(g) " Disease Pest control area" means an area approved by
45.11 	the commissioner within which a municipality will conduct an
45.12 	approved disease pest control program.
45.13 	(h) "Sanitation" means the identification, inspection,
45.14 	disruption of a common root system, girdling, trimming, removal,
45.15 	and disposal of dead, pest-infested or diseased wood of shade
45.16 	trees, including subsidies for trees removed pursuant to
45.17 	subdivision 4, on public or private property within a disease
45.18 	control area.
45.19 	(i) "Reforestation" means the replacement of shade trees
45.20 	removed from public property and the planting of a tree as part
45.21 	of a municipal disease control program.  For purposes of this
45.22 	paragraph, "public property" includes private property within
45.23 	five feet of the boulevard or street terrace in a city that
45.24 	enacted an ordinance on or before January 1, 1977, that
45.25 	prohibits or requires a permit for the planting of trees in the
45.26 	public right-of-way.
45.27 	(j) "Shade tree" means a woody perennial grown primarily
45.28 	for aesthetic or environmental purposes.

45.29 	Sec. 32. Minnesota Statutes 2004, section 18G.16,
45.30 	subdivision 2, is amended to read:
45.31 		Subd. 2.Commissioner to adopt rules.  The commissioner
45.32 	may adopt rules relating to shade tree pest and disease control
45.33 	in any municipality.  The rules must prescribe control measures
45.34 	to be used to prevent the spread of shade tree pests and
45.35 	diseases and must include the following:
45.36 	(1) a definition of shade tree;
46.1 	(2) qualifications for tree inspectors;
46.2 	(3) methods of identifying diseased or infested 
46.3 	pest-infested shade trees;
46.4 	(4) procedures for giving reasonable notice of inspection
46.5 	of private real property;
46.6 	(5) measures for the removal of any shade tree which may
46.7 	contribute to the spread of shade tree pests or disease and for
46.8 	reforestation of pest or disease control areas;
46.9 	(6) approved methods of treatment of shade trees;
46.10 	(7) criteria for priority designation areas in an approved
46.11 	pest or disease control program; and
46.12 	(8) any other matters determined necessary by the
46.13 	commissioner to prevent the spread of shade tree pests or
46.14 	disease and enforce this section.

46.15 	Sec. 33. Minnesota Statutes 2004, section 18G.16,
46.16 	subdivision 3, is amended to read:
46.17 		Subd. 3.Diagnostic laboratory.  The commissioner shall
46.18 	operate a diagnostic laboratory for culturing diseased or
46.19 	infested pest-infested trees for positive identification of
46.20 	diseased or infested pest-infested shade trees.

46.21 	Sec. 34. Minnesota Statutes 2004, section 18G.16,
46.22 	subdivision 4, is amended to read:
46.23 		Subd. 4.Cooperation by university.  The University of
46.24 	Minnesota College of Natural Resources shall cooperate with the
46.25 	department in control of shade tree disease, pests, and
46.26 	disorders and management of shade tree populations.  The College
46.27 	of Natural Resources shall cooperate with the department to
46.28 	conduct tree inspector certification and recertification
46.29 	workshops for certified tree inspectors.  The College of Natural
46.30 	Resources shall also conduct research into means for identifying
46.31 	diseased or pest-infested shade trees, develop and evaluate
46.32 	control measures, and develop means for disposing of and using
46.33 	diseased or pest-infested shade trees.

46.34 	Sec. 35. Minnesota Statutes 2004, section 18G.16,
46.35 	subdivision 5, is amended to read:
46.36 		Subd. 5.Experimental programs.  The commissioner may
47.1 	establish experimental programs for sanitation or treatment of
47.2 	shade tree diseases and for research into tree varieties most
47.3 	suitable for municipal reforestation.  The research must include
47.4 	considerations of disease resistance, energy conservation, and
47.5 	other factors considered appropriate.  The commissioner may make
47.6 	grants to municipalities or enter into contracts with
47.7 	municipalities, nurseries, colleges, universities, or state or
47.8 	federal agencies in connection with experimental shade tree
47.9 	programs including research to assist municipalities in
47.10 	establishing priority designation areas for shade tree disease 
47.11 	pest control and energy conservation.

47.12 	Sec. 36. Minnesota Statutes 2004, section 18G.16,
47.13 	subdivision 6, is amended to read:
47.14 		Subd. 6.Removal of diseased or infested pest-infested 
47.15 	trees.  After reasonable notice of inspection, an owner of real
47.16 	property containing a shade tree that is diseased, infested, or
47.17 	may contribute to the spread of pests or disease, must remove or
47.18 	treat the tree within the period of time and in the manner
47.19 	established by the commissioner.  Trees that are not removed in
47.20 	compliance with the commissioner's rules must be declared a
47.21 	public nuisance and removed or treated by approved methods by
47.22 	the municipality, which may assess all or part of the expense,
47.23 	limited to the lowest contract rates available that include wage
47.24 	levels which meet Minnesota minimum wage standards, to the
47.25 	property and the expense becomes a lien on the property.  A
47.26 	municipality may assess not more than 50 percent of the expense
47.27 	of treating with an approved method or removing diseased or
47.28 	pest-infested shade trees located on street terraces or
47.29 	boulevards to the abutting properties and the assessment becomes
47.30 	a lien on the property.

47.31 	Sec. 37. Minnesota Statutes 2004, section 18G.16,
47.32 	subdivision 7, is amended to read:
47.33 		Subd. 7.Rules; applicability to municipalities.  The
47.34 	rules of the commissioner apply in a municipality unless the
47.35 	municipality adopts an ordinance determined by the commissioner
47.36 	to be more stringent than the rules of the commissioner.  The
48.1 	rules of the commissioner or the municipality apply to all state
48.2 	agencies, special purpose districts, and metropolitan
48.3 	commissions as defined in section 473.121, subdivision 5a, that
48.4 	own or control land adjacent to or within a shade tree disease 
48.5 	pest control area.

48.6 	Sec. 38. Minnesota Statutes 2004, section 18G.16,
48.7 	subdivision 8, is amended to read:
48.8 		Subd. 8.Grants to municipalities.  (a) The commissioner
48.9 	may, in the name of the state and within the limit of
48.10 	appropriations provided, make a grant to a municipality with an
48.11 	approved disease pest control program for the partial funding of
48.12 	municipal sanitation and reforestation programs to replace trees
48.13 	lost to pest,disease,or natural disaster.  The commissioner
48.14 	may make a grant to a home rule charter or statutory city, a
48.15 	special purpose park and recreation board organized under a
48.16 	charter of a city of the first class, a nonprofit corporation
48.17 	serving a city of the first class, or a county having an
48.18 	approved disease control program for the acquisition or
48.19 	implementation of a wood use or disposal system.
48.20 	(b) The commissioner shall adopt rules for the
48.21 	administration of grants under this subdivision.  The rules must
48.22 	contain:
48.23 	(1) procedures for grant applications;
48.24 	(2) conditions and procedures for the administration of
48.25 	grants;
48.26 	(3) criteria of eligibility for grants including, but not
48.27 	limited to, those specified in this subdivision; and
48.28 	(4) other matters the commissioner may find necessary to
48.29 	the proper administration of the grant program.
48.30 	(c) Grants for wood utilization and disposal systems made
48.31 	by the commissioner under this subdivision must not exceed 50
48.32 	percent of the total cost of the system.  Grants for sanitation
48.33 	and reforestation must be combined into one grant program.
48.34 	Grants to a municipality for sanitation must not exceed 50
48.35 	percent of sanitation costs approved by the commissioner
48.36 	including any amount of sanitation costs paid by special
49.1 	assessments, ad valorem taxes, federal grants, or other funds.
49.2 	A municipality must not specially assess a property owner an
49.3 	amount greater than the amount of the tree's sanitation cost
49.4 	minus the amount of the tree's sanitation cost reimbursed by the
49.5 	commissioner.  Grants to municipalities for reforestation must
49.6 	not exceed 50 percent of the wholesale cost of the trees planted
49.7 	under the reforestation program; provided that a reforestation
49.8 	grant to a county may include 90 percent of the cost of the
49.9 	first 50 trees planted on public property in a town not included
49.10 	in the definition of municipality in subdivision 1 and with less
49.11 	than 1,000 population when the town applies to the county.
49.12 	Reforestation grants to towns and home rule charter or statutory
49.13 	cities of less than 4,000 population with an approved disease 
49.14 	pest control program may include 90 percent of the cost of the
49.15 	first 50 trees planted on public property.  The governing body
49.16 	of a municipality that receives a reforestation grant under this
49.17 	section must appoint up to seven residents of the municipality
49.18 	or designate an existing municipal board or committee to serve
49.19 	as a reforestation advisory committee to advise the governing
49.20 	body of the municipality in the administration of the
49.21 	reforestation program.  For the purpose of this subdivision,
49.22 	"cost" does not include the value of a gift or dedication of
49.23 	trees required by a municipal ordinance but does include
49.24 	documented "in-kind" services or voluntary work for
49.25 	municipalities with a population of less than 1,000 according to
49.26 	the most recent federal census.
49.27 	(d) Based upon estimates submitted by the municipality to
49.28 	the commissioner, which state the estimated costs of sanitation
49.29 	and reforestation in the succeeding quarter under an approved
49.30 	program, the commissioner shall direct quarterly advance
49.31 	payments to be made by the state to the municipality commencing
49.32 	April 1.  The commissioner shall direct adjustment of any
49.33 	overestimate in a succeeding quarter.  A municipality may elect
49.34 	to receive the proceeds of its sanitation and reforestation
49.35 	grants on a periodic cost reimbursement basis.
49.36 	(e) A home rule charter or statutory city, county outside
50.1 	the metropolitan area, or any municipality, as defined in
50.2 	subdivision 1, may submit an application for a grant authorized
50.3 	by this subdivision concurrently with its request for approval
50.4 	of a disease pest control program.
50.5 	(f) The commissioner shall not make grants for sanitation
50.6 	and reforestation or wood utilization and disposal systems in
50.7 	excess of 67 percent of the amounts appropriated for those
50.8 	purposes to the municipalities located within the metropolitan
50.9 	area, as defined in subdivision 1.

50.10 	Sec. 39. Minnesota Statutes 2004, section 18G.16,
50.11 	subdivision 9, is amended to read:
50.12 		Subd. 9.Subsidies to certain owners.  A municipality may
50.13 	provide subsidies to nonprofit organizations, to owners of
50.14 	private residential property of five acres or less, to owners of
50.15 	property used for a homestead of more than five acres but less
50.16 	than 20 acres, and to nonprofit cemeteries for the approved
50.17 	treatment or removal of diseased or pest-infested shade trees.
50.18 	Notwithstanding any law to the contrary, an owner of
50.19 	property on which shade trees are located may contract with a
50.20 	municipality to provide protection against the cost of approved
50.21 	treatment or removal of diseased or pest-infested shade trees or
50.22 	shade trees that will contribute to the spread of shade tree
50.23 	diseases or pest infestations.  Under the contract, the
50.24 	municipality must pay for the removal or approved treatment
50.25 	under terms and conditions determined by its governing body.

50.26 	Sec. 40. Minnesota Statutes 2004, section 18G.16,
50.27 	subdivision 14, is amended to read:
50.28 		Subd. 14.Municipal option to participate in program.
 50.29 	The term "municipality" shall include only those municipalities
50.30 	which have informed the commissioner of their intent to continue
50.31 	an approved disease pest control program.  Any municipality
50.32 	desiring to participate in the grants-in-aid for the partial
50.33 	funding of municipal sanitation and reforestation programs must
50.34 	notify the commissioner in writing before the beginning of the
50.35 	calendar year in which it wants to participate and must have an
50.36 	approved disease pest control program during any year in which
51.1 	it receives grants-in-aid.  Notwithstanding the provisions of
51.2 	any law to the contrary, no municipality shall be required to
51.3 	have an approved disease control program after December 31, 1981.

51.4 	Sec. 41. Minnesota Statutes 2004, section 18H.07,
51.5 	subdivision 1, is amended to read:
51.6 		Subdivision 1.Establishment of fees.  The commissioner
51.7 	shall establish fees sufficient to allow for the administration
51.8 	and enforcement of this chapter and rules adopted under this
51.9 	chapter, including the portion of general support costs and
51.10 	statewide indirect costs of the agency attributable to that
51.11 	function, with a reserve sufficient for up to six months.  The
51.12 	commissioner shall review the fee schedule annually in
51.13 	consultation with the Minnesota Nursery and Landscape Advisory
51.14 	Committee.  For the certificate year beginning January 1, 2004 
51.15 	2006, the fees are as described in this section.

51.16 	Sec. 42. Minnesota Statutes 2004, section 18H.07,
51.17 	subdivision 2, is amended to read:
51.18 		Subd. 2.Nursery stock grower certificate.  (a) A nursery
51.19 	stock grower must pay an annual fee based on the area of all
51.20 	acreage on which nursery stock is grown for certification as
51.21 	follows:
51.22 	(1) less than one-half acre, $150;
51.23 	(2) from one-half acre to two acres, $200;
51.24 	(3) over two acres up to five acres, $300;
51.25 	(4) over five acres up to ten acres, $350;
51.26 	(5) over ten acres up to 20 acres, $500;
51.27 	(6) over 20 acres up to 40 acres, $650;
51.28 	(7) over 40 acres up to 50 acres, $800;
51.29 	(8) over 50 acres up to 200 acres, $1,100;
51.30 	(9) over 200 acres up to 500 acres, $1,500; and
51.31 	(10) over 500 acres, $1,500 plus $2 for each additional
51.32 	acre.
51.33 	(b) In addition to the fees in paragraph (a), a penalty of
51.34 	ten percent of the fee due must be charged for each month, or
51.35 	portion thereof,that the fee is delinquent up to a maximum of
51.36 	30 percent for any application for renewal not received by
52.1 	January 1 of the year following expiration of a certificate.

52.2 	Sec. 43. Minnesota Statutes 2004, section 18H.07,
52.3 	subdivision 3, is amended to read:
52.4 		Subd. 3.Nursery stock dealer certificate.  (a) A nursery
52.5 	stock dealer must pay an annual fee based on the dealer's gross
52.6 	sales of certified nursery stock per location during the
52.7 	preceding most recent certificate year.  A certificate applicant
52.8 	operating for the first time must pay the minimum fee.  The fees
52.9 	per sales location are:
52.10 	(1) gross sales up to $20,000 $5,000, $150;
52.11 	(2) gross sales over $20,000 $5,000 up to $100,000 $20,000,
52.12 	$175;
52.13 	(3) gross sales over $100,000 $20,000 up to
52.14 	$250,000 $50,000, $300;
52.15 	(4) gross sales over $250,000 $50,000 up to
52.16 	$500,000 $75,000, $425;
52.17 	(5) gross sales over $500,000 $75,000 up to
52.18 	$1,000,000 $100,000, $550;
52.19 	(6) gross sales over $1,000,000 $100,000 up to
52.20 	$2,000,000 $200,000, $675; and
52.21 	(7) gross sales over $2,000,000 $200,000, $800.
52.22 	(b) In addition to the fees in paragraph (a), a penalty of
52.23 	ten percent of the fee due must be charged for each month, or
52.24 	portion thereof,that the fee is delinquent up to a maximum of
52.25 	30 percent for any application for renewal not received by
52.26 	January 1 of the year following expiration of a certificate.

52.27 	Sec. 44. Minnesota Statutes 2004, section 19.64,
52.28 	subdivision 1, is amended to read:
52.29 		Subdivision 1.Registration.  Every person who owns,
52.30 	leases, or possesses colonies of bees or who intends to bring
52.31 	bees into the state under an entry permit shall register the
52.32 	bees with the commissioner on or before April 15 June 1 of each
52.33 	year or within 15 days of entry into Minnesota or taking
52.34 	possession of hives, whichever comes first.  The registration
52.35 	application shall include the name and address of the applicant,
52.36 	a description of the exact location of each of the applicant's
53.1 	apiaries by county, township, range and quarter section, and
53.2 	other information required by the commissioner.  The fee for
53.3 	registration under this subdivision is $10 $25 for beekeepers
53.4 	with less than 50 colonies and $50 for beekeepers with 50
53.5 	colonies or more maintained in the state. The commissioner
53.6 	shall provide registered beekeepers with the Minnesota pest
53.7 	report.
53.8 	The registration required by this section is not
53.9 	transferable.  At least one colony in each location must be
53.10 	plainly and legibly marked with the owner's name and telephone
53.11 	number and address, and other information required by the
53.12 	commissioner.  The department shall provide information on
53.13 	colony locations as reported on the registrations on an Internet
53.14 	Web site or through other appropriate measures.

53.15 	Sec. 45. Minnesota Statutes 2004, section 25.341,
53.16 	subdivision 2, is amended to read:
53.17 		Subd. 2.Application; fee; term.  A person who is
53.18 	required to have a commercial feed license shall submit an
53.19 	application on a form provided or approved by the commissioner
53.20 	accompanied by a license fee of $25 paid to the commissioner for
53.21 	each facility location. A license is not transferable from one
53.22 	person to another, from one ownership to another, or from one
53.23 	location to another.The license year is the calendar year.  A
53.24 	license expires on December 31 of the year for which it is
53.25 	issued, except that a license is valid through January 31 of the
53.26 	next year or until the issuance of the renewal license,
53.27 	whichever comes first, if the licensee has filed a renewal
53.28 	application with the commissioner on or before December 31 of
53.29 	the year for which the current license was issued. A new
53.30 	applicant who Any person who is required to have, but fails to
53.31 	obtain a license within 15 working days of notification of the
53.32 	requirement to obtain a license,or a licensee who fails to
53.33 	comply with license renewal requirements, shall pay a $50 late
53.34 	fee in addition to the license fee. The commissioner may issue
53.35 	a withdrawal from distribution order on any commercial feed that
53.36 	an unlicensed person produces or distributes in the state until
54.1 	a license is issued.

54.2 	Sec. 46. [25.342] CERTIFICATES, FREE SALE.
54.3 	A nonrefundable application fee of $25 must accompany all
54.4 	free sale certificate requests to facilitate the movement of
54.5 	Minnesota processed and manufactured feeds destined for export
54.6 	from the state.  Each label submitted for review must be
54.7 	accompanied by a nonrefundable $50 application fee.

54.8 	Sec. 47. Minnesota Statutes 2004, section 25.39,
54.9 	subdivision 1, is amended to read:
54.10 		Subdivision 1.Amount of fee.  (a) An inspection fee at
54.11 	the rate of 16 cents per ton must be paid to the commissioner on
54.12 	commercial feeds distributed in this state by the person who
54.13 	first distributes the commercial feed, except that:
54.14 	(1) no fee needs to need be paid on:
54.15 	(1) (i) a commercial feed if the payment has been made by a
54.16 	previous distributor; or 
54.17 	(2) (ii) customer formula feeds if the inspection fee is
54.18 	paid on the commercial feeds which are used as ingredients; or
54.19 	(3) commercial feeds used as ingredients for the
54.20 	manufacture of commercial feeds if the fee has been paid by a
54.21 	previous distributor.  If the fee has already been paid, credit
54.22 	must be given for that payment.(2) a Minnesota feed distributor
54.23 	who distributes can substantiate that greater than 50 percent of
54.24 	the distribution of commercial feed is to purchasers outside the
54.25 	state may purchase commercial feeds,without payment by any
54.26 	person of the inspection fee required on those purchases,under
54.27 	a tonnage fee exemption permit issued by the commissioner.  Such
54.28 	location specific permits shall only be issued on a calendar
54.29 	year basis to commercial feed distributors who submit a $100
54.30 	nonrefundable application fee and comply with rules adopted by
54.31 	the commissioner relative to record keeping, tonnage of
54.32 	commercial feed distributed in Minnesota, total of all
54.33 	commercial feed tonnage distributed, and all other information
54.34 	which the commissioner may require so as to ensure that proper
54.35 	inspection fee payment has been made.
54.36 	(b) In the case of pet food distributed in the state only
55.1 	in packages of ten pounds or less, a listing of each product and
55.2 	a current label for each product must be submitted annually on
55.3 	forms provided by the commissioner and accompanied by an annual
55.4 	fee of $50 for each product in lieu of the inspection fee.  This
55.5 	annual fee is due by July 1.  The inspection fee required by
55.6 	paragraph (a) applies to pet food distributed in packages
55.7 	exceeding ten pounds.
55.8 	(c) In the case of specialty pet food distributed in the
55.9 	state only in packages of ten pounds or less, a listing of each
55.10 	product and a current label for each product must be submitted
55.11 	annually on forms provided by the commissioner and accompanied
55.12 	by an annual fee of $25 for each product in lieu of the
55.13 	inspection fee.  This annual fee is due by July 1.  The
55.14 	inspection fee required by paragraph (a) applies to specialty
55.15 	pet food distributed in packages exceeding ten pounds.
55.16 	(d) The minimum inspection fee is $10 per annual reporting
55.17 	period.

55.18 	Sec. 48. Minnesota Statutes 2004, section 25.39,
55.19 	subdivision 4, is amended to read:
55.20 		Subd. 4.Commercial feed inspection account.  A
55.21 	commercial feed inspection account is established in the
55.22 	agricultural fund.  Fees and penalties collected under sections
55.23 	25.35 to 25.43this chapter and interest attributable to money
55.24 	in the account must be deposited in the agricultural fund and
55.25 	credited to the commercial feed inspection account.  Money in
55.26 	the account, including interest earned, is appropriated to the
55.27 	commissioner for the administration and enforcement of sections
55.28 	25.341 to 25.43this chapter.

55.29 	Sec. 49. Minnesota Statutes 2004, section 41A.09,
55.30 	subdivision 2a, is amended to read:
55.31 		Subd. 2a.Definitions.  For the purposes of this section,
55.32 	the terms defined in this subdivision have the meanings given
55.33 	them.
55.34 	(a) "Ethanol" means fermentation ethyl alcohol derived from
55.35 	agricultural products, including potatoes, cereal grains, cheese
55.36 	whey, and sugar beets; forest products; or other renewable
56.1 	resources, including residue and waste generated from the
56.2 	production, processing, and marketing of agricultural products,
56.3 	forest products, and other renewable resources, that:
56.4 	(1) meets all of the specifications in ASTM specification
56.5 	D4806-01; and
56.6 	(2) is denatured as specified in Code of Federal
56.7 	Regulations, title 27, parts 20 and 21.
56.8 	(b) "Ethanol plant" means a plant at which ethanol is
56.9 	produced.
56.10 	(c) "Commissioner" means the commissioner of agriculture.
56.11 	(d) "Rural economic infrastructure" means the development
56.12 	activities that will enhance the value of agricultural crop or
56.13 	livestock commodities or by-products or waste from farming
56.14 	operations.

56.15 	Sec. 50. Minnesota Statutes 2004, section 41A.09,
56.16 	subdivision 3a, is amended to read:
56.17 		Subd. 3a.Ethanol producer payments.  (a) The
56.18 	commissioner shall make cash payments to producers of ethanol
56.19 	located in the state that have begun production at a specific
56.20 	location by June 30, 2000.  For the purpose of this subdivision,
56.21 	an entity that holds a controlling interest in more than one
56.22 	ethanol plant is considered a single producer.  The amount of
56.23 	the payment for each producer's annual production, except as
56.24 	provided in paragraph (c), is 20 cents per gallon for each
56.25 	gallon of ethanol produced at a specific location on or before
56.26 	June 30, 2000, or ten years after the start of production,
56.27 	whichever is later.  Annually, within 90 days of the end of its
56.28 	fiscal year, an ethanol producer receiving payments under this
56.29 	subdivision must file a disclosure statement on a form provided
56.30 	by the commissioner.  The initial disclosure statement must
56.31 	include a summary description of the organization of the
56.32 	business structure of the claimant, a listing of the percentages
56.33 	of ownership by any person or other entity with an ownership
56.34 	interest of five percent or greater, and a copy of its annual
56.35 	audited financial statements, including the auditor's report and
56.36 	footnotes.  The disclosure statement must include information
57.1 	demonstrating what percentage of the entity receiving payments
57.2 	under this section is owned by farmers or other entities
57.3 	eligible to farm or own agricultural land in Minnesota under the
57.4 	provisions of section 500.24.  Subsequent annual reports must
57.5 	reflect noncumulative changes in ownership of ten percent or
57.6 	more of the entity.  The report need not disclose the identity
57.7 	of the persons or entities eligible to farm or own agricultural
57.8 	land with ownership interests, individuals residing within 30
57.9 	miles of the plant, or of any other entity with less than ten
57.10 	percent ownership interest, but the claimant must retain
57.11 	information within its files confirming the accuracy of the data
57.12 	provided.  This data must be made available to the commissioner
57.13 	upon request.  Not later than the 15th day of February in each
57.14 	year the commissioner shall deliver to the chairs of the
57.15 	standing committees of the senate and the house of
57.16 	representatives that deal with agricultural policy and
57.17 	agricultural finance issues an annual report summarizing
57.18 	aggregated data from plants receiving payments under this
57.19 	section during the preceding calendar year.  Audited financial
57.20 	statements and notes and disclosure statements submitted to the
57.21 	commissioner are nonpublic data under section 13.02, subdivision
57.22 	9.  Notwithstanding the provisions of chapter 13 relating to
57.23 	nonpublic data, summaries of the submitted audited financial
57.24 	reports and notes and disclosure statements will be contained in
57.25 	the report to the committee chairs and will be public data.
57.26 	(b) No payments shall be made for ethanol production that
57.27 	occurs after June 30, 2010. A producer of ethanol shall not
57.28 	transfer the producer's eligibility for payments under this
57.29 	section to an ethanol plant at a different location.
57.30 	(c) If the level of production at an ethanol plant
57.31 	increases due to an increase in the production capacity of the
57.32 	plant, the payment under paragraph (a) applies to the additional
57.33 	increment of production until ten years after the increased
57.34 	production began.  Once a plant's production capacity reaches
57.35 	15,000,000 gallons per year, no additional increment will
57.36 	qualify for the payment.
58.1 	(d) Total payments under paragraphs (a) and (c) to a
58.2 	producer in a fiscal year may not exceed $3,000,000.
58.3 	(e) By the last day of October, January, April, and July,
58.4 	each producer shall file a claim for payment for ethanol
58.5 	production during the preceding three calendar months.  A
58.6 	producer that files a claim under this subdivision shall include
58.7 	a statement of the producer's total ethanol production in
58.8 	Minnesota during the quarter covered by the claim.  For each
58.9 	claim and statement of total ethanol production filed under this
58.10 	subdivision, the volume of ethanol production must be examined
58.11 	by an independent certified public accountant in accordance with
58.12 	standards established by the American Institute of Certified
58.13 	Public Accountants.
58.14 	(f) Payments shall be made November 15, February 15, May
58.15 	15, and August 15.  A separate payment shall be made for each
58.16 	claim filed.  Except as provided in paragraph (g), the total
58.17 	quarterly payment to a producer under this paragraph may not
58.18 	exceed $750,000.
58.19 	(g) Notwithstanding the quarterly payment limits of
58.20 	paragraph (f), the commissioner shall make an additional payment
58.21 	in the fourth quarter of each fiscal year to ethanol producers
58.22 	for the lesser of:  (1) 20 cents per gallon of production in the
58.23 	fourth quarter of the year that is greater than 3,750,000
58.24 	gallons; or (2) the total amount of payments lost during the
58.25 	first three quarters of the fiscal year due to plant outages,
58.26 	repair, or major maintenance.  Total payments to an ethanol
58.27 	producer in a fiscal year, including any payment under this
58.28 	paragraph, must not exceed the total amount the producer is
58.29 	eligible to receive based on the producer's approved production
58.30 	capacity.  The provisions of this paragraph apply only to
58.31 	production losses that occur in quarters beginning after
58.32 	December 31, 1999.
58.33 	(h) The commissioner shall reimburse ethanol producers for
58.34 	any deficiency in payments during earlier quarters if the
58.35 	deficiency occurred because of unallotment or because 
58.36 	appropriated money was insufficient to make timely payments in
59.1 	the full amount provided in paragraph (a).  Notwithstanding the
59.2 	quarterly or annual payment limitations in this subdivision, the
59.3 	commissioner shall begin making payments for earlier
59.4 	deficiencies in each fiscal year that appropriations for ethanol
59.5 	payments exceed the amount required to make eligible scheduled
59.6 	payments.  Payments for earlier deficiencies must continue until
59.7 	the deficiencies for each producer are paid in full.
59.8 	(i) The commissioner may make direct payments to producers
59.9 	of rural economic infrastructure with any amount of the annual
59.10 	appropriation for ethanol producer payments and rural economic
59.11 	infrastructure that is in excess of the amount required to make
59.12 	scheduled ethanol producer payments and deficiency payments
59.13 	under paragraphs (a) to (h).

59.14 	Sec. 51. Minnesota Statutes 2004, section 41A.09, is
59.15 	amended by adding a subdivision to read:
59.16 		Subd. 9.Motor vehicles; ethanol combustion efficiency
59.17 	grants. From within the appropriation for each fiscal year to
59.18 	the ethanol development program under this section, or from
59.19 	other appropriated money, the commissioner shall make up to two
59.20 	grants, each in an amount not exceeding $50,000, to qualified
59.21 	applicants proposing to do research on, but not limited to,
59.22 	ethanol's effect on fuel system materials compatibility and ways
59.23 	to improve the energy efficiency of ethanol fuel blends in motor
59.24 	vehicles while meeting all requirements for control of tailpipe
59.25 	emissions.  A grant recipient may receive funding for no more
59.26 	than two consecutive years.  A research project must be matched
59.27 	by $2 of nonstate money for each $3 of state grant money.

59.28 	Sec. 52. Minnesota Statutes 2004, section 41A.09, is
59.29 	amended by adding a subdivision to read:
59.30 		Subd. 10.Guidelines. The commissioner shall establish
59.31 	guidelines not subject to chapter 14 for the submission and
59.32 	review of applications and the awarding of grants under
59.33 	subdivision 9.

59.34 	Sec. 53. Minnesota Statutes 2004, section 41B.046,
59.35 	subdivision 5, is amended to read:
59.36 		Subd. 5.Loans.  (a) The authority may participate in a
60.1 	stock loan with an eligible lender to a farmer who is eligible
60.2 	under subdivision 4.  Participation is limited to 45 percent of
60.3 	the principal amount of the loan or $40,000, whichever is less.
60.4 	The interest rates and repayment terms of the authority's
60.5 	participation interest may differ from the interest rates and
60.6 	repayment terms of the lender's retained portion of the loan,
60.7 	but the authority's interest rate must not exceed 50 percent of
60.8 	the lender's interest rate.
60.9 	(b) No more than 95 percent of the purchase price of the
60.10 	stock may be financed under this program.
60.11 	(c) Security for stock loans must be the stock purchased, a
60.12 	personal note executed by the borrower, and whatever other
60.13 	security is required by the eligible lender or the authority.
60.14 	(d) The authority may impose a reasonable nonrefundable
60.15 	application fee for each application for a stock loan.  The
60.16 	authority may review the fee annually and make adjustments as
60.17 	necessary.  The application fee is initially $50.  Application
60.18 	fees received by the authority must be deposited in the
60.19 	value-added agricultural product revolving fund revolving loan
60.20 	account established in section 41B.06.
60.21 	(e) Stock loans under this program will be made using money
60.22 	in the value-added agricultural product revolving fund loan
60.23 	account established under subdivision 3 in section 41B.06.
60.24 	(f) The authority may not grant stock loans in a cumulative
60.25 	amount exceeding $2,000,000 for the financing of stock purchases
60.26 	in any one cooperative.
60.27 	(g) Repayments of financial assistance under this section,
60.28 	including principal and interest, must be deposited into the
60.29 	revolving loan account established in section 41B.06.

60.30 	Sec. 54. Minnesota Statutes 2004, section 41B.049,
60.31 	subdivision 2, is amended to read:
60.32 		Subd. 2.revolving fund deposit of repayments. There is
60.33 	established in the state treasury a revolving fund, which is
60.34 	eligible to receive appropriations and the transfer of funds
60.35 	from other services.All repayments of financial assistance
60.36 	granted under subdivision 1, including principal and interest,
61.1 	must be deposited into this fund.  Interest earned on money in
61.2 	the fund accrues to the fund, and money in the fund is
61.3 	appropriated to the commissioner of agriculture for purposes of
61.4 	the manure digester loan program, including costs incurred by
61.5 	the authority to establish and administer the program the
61.6 	revolving loan account established in section 41B.06.

61.7 	Sec. 55. [41B.055] LIVESTOCK EQUIPMENT PILOT LOAN
61.8 	PROGRAM.
61.9 		Subdivision 1.Establishment. The authority must
61.10 	establish and implement a livestock equipment pilot loan program
61.11 	to help finance the first purchase of livestock-related
61.12 	equipment and make livestock facilities improvements.
61.13 		Subd. 2.Eligibility. Notwithstanding section 41B.03, to
61.14 	be eligible for this program a borrower must:
61.15 	(1) be a resident of Minnesota or general partnership or a
61.16 	family farm corporation, authorized farm corporation, family
61.17 	farm partnership, or authorized farm partnership as defined in
61.18 	section 500.24, subdivision 2;
61.19 	(2) be the principal operator of a livestock farm;
61.20 	(3) have a total net worth, including assets and
61.21 	liabilities of the borrower's spouse and dependents, no greater
61.22 	than the amount stipulated in section 41B.03, subdivision 3;
61.23 	(4) demonstrate an ability to repay the loan; and 
61.24 	(5) hold an appropriate feedlot registration or be using
61.25 	the loan under this program to meet registration requirements.
61.26 	In addition to the requirements in clauses (1) to (5),
61.27 	preference must be given to applicants who have farmed less than
61.28 	ten years as evidenced by their filing of schedule F in their
61.29 	federal tax returns.
61.30 		Subd. 3.Loans. (a) The authority may participate in a
61.31 	livestock equipment loan equal to 90 percent of the purchased
61.32 	equipment value with an eligible lender to a farmer who is
61.33 	eligible under subdivision 2.  Participation is limited to 45
61.34 	percent of the principal amount of the loan or $40,000,
61.35 	whichever is less.  The interest rates and repayment terms of
61.36 	the authority's participation interest may differ from the
62.1 	interest rates and repayment terms of the lender's retained
62.2 	portion of the loan, but the authority's interest rate must not
62.3 	exceed three percent.  The authority may review the interest
62.4 	annually and make adjustments as necessary.
62.5 	(b) Standards for loan amortization must be set by the
62.6 	rural finance authority and must not exceed seven years.
62.7 	(c) Security for a livestock equipment loan must be a
62.8 	personal note executed by the borrower and whatever other
62.9 	security is required by the eligible lender or the authority.
62.10 	(d) Refinancing of existing debt is not an eligible purpose.
62.11 	(e) The authority may impose a reasonable, nonrefundable
62.12 	application fee for a livestock equipment loan.  The authority
62.13 	may review the fee annually and make adjustments as necessary.
62.14 	The initial application fee is $50.  Application fees received
62.15 	by the authority must be deposited in the revolving loan account
62.16 	established in section 41B.06.
62.17 	(f) Loans under this program must be made using money in
62.18 	the revolving loan account established in section 41B.06.
62.19 		Subd. 4.Eligible expenditures. Money may be used for
62.20 	loans for the acquisition of equipment for animal housing,
62.21 	confinement, animal feeding, milk production, and waste
62.22 	management, including the following, if related to animal
62.23 	husbandry:
62.24 	(1) fences;
62.25 	(2) watering facilities;
62.26 	(3) feed storage and handling equipment;
62.27 	(4) milking parlors;
62.28 	(5) milking equipment;
62.29 	(6) scales;
62.30 	(7) milk storage and cooling facilities;
62.31 	(8) manure pumping and storage facilities; and 
62.32 	(9) capital investment in pasture.

62.33 	Sec. 56. [41B.06] RURAL FINANCE AUTHORITY REVOLVING LOAN
62.34 	ACCOUNT.
62.35 	There is established in the rural finance administration
62.36 	fund a rural finance authority revolving loan account that is
63.1 	eligible to receive appropriations and the transfer of loan
63.2 	funds from other programs.  All repayments of financial
63.3 	assistance granted from this account, including principal and
63.4 	interest, must be deposited into this account.  Interest earned
63.5 	on money in the account accrues to the account, and the money in
63.6 	the account is appropriated to the commissioner of agriculture
63.7 	for purposes of the rural finance authority livestock equipment,
63.8 	methane digester, and value-added agricultural product loan
63.9 	programs, including costs incurred by the authority to establish
63.10 	and administer the programs.

63.11 	Sec. 57. Minnesota Statutes 2004, section 84.027,
63.12 	subdivision 12, is amended to read:
63.13 		Subd. 12.Property disposal; gift acknowledgment;
63.14 	advertising sales.  (a) The commissioner may give away to
63.15 	members of the public items with a value of less than $10 $50 
63.16 	that are intended to promote conservation of natural resources
63.17 	or create awareness of the state and its resources or natural
63.18 	resource management programs.  The total value of items given to
63.19 	the public under this paragraph may not exceed $25,000 per year.
63.20 	(b) The commissioner may recognize the contribution of
63.21 	money or in-kind services on plaques, signs, publications,
63.22 	audio-visual materials, and media advertisements by allowing the
63.23 	organization's contribution to be acknowledged in print of
63.24 	readable size.
63.25 	(c) The commissioner may accept paid advertising for
63.26 	departmental publications.  Advertising revenues received are
63.27 	appropriated to the commissioner to be used to defray costs of
63.28 	publications, media productions, or other informational
63.29 	materials.  The commissioner may not accept paid advertising
63.30 	from any elected official or candidate for elective office.

63.31 	Sec. 58. Minnesota Statutes 2004, section 84.027,
63.32 	subdivision 13, is amended to read:
63.33 		Subd. 13.Game and fish rules.  (a) The commissioner of
63.34 	natural resources may adopt rules under sections 97A.0451 to
63.35 	97A.0459 and this subdivision that are authorized under:
63.36 	(1) chapters 97A, 97B, and 97C to set open seasons and
64.1 	areas, to close seasons and areas, to select hunters for areas,
64.2 	to provide for tagging and registration of game and fish, to
64.3 	prohibit or allow taking of wild animals to protect a species,
64.4 	to prevent or control wildlife disease, and to prohibit or allow
64.5 	importation, transportation, or possession of a wild animal;
64.6 	(2) sections 84.093, 84.15, and 84.152 to set seasons for
64.7 	harvesting wild ginseng roots and wild rice and to restrict or
64.8 	prohibit harvesting in designated areas; and
64.9 	(3) section 84D.12 to designate prohibited invasive
64.10 	species, regulated invasive species, unregulated nonnative
64.11 	species, and infested waters.
64.12 	(b) If conditions exist that do not allow the commissioner
64.13 	to comply with sections 97A.0451 to 97A.0459, the commissioner
64.14 	may adopt a rule under this subdivision by submitting the rule
64.15 	to the attorney general for review under section 97A.0455,
64.16 	publishing a notice in the State Register and filing the rule
64.17 	with the secretary of state and the Legislative Coordinating
64.18 	Commission, and complying with section 97A.0459, and including a
64.19 	statement of the emergency conditions and a copy of the rule in
64.20 	the notice.  The notice may be published after it is received
64.21 	from the attorney general or five business days after it is
64.22 	submitted to the attorney general, whichever is earlier.
64.23 	(c) Rules adopted under paragraph (b) are effective upon
64.24 	publishing in the State Register and may be effective up to
64.25 	seven days before publishing and filing under paragraph (b), if:
64.26 	(1) the commissioner of natural resources determines that
64.27 	an emergency exists;
64.28 	(2) the attorney general approves the rule; and
64.29 	(3) for a rule that affects more than three counties the
64.30 	commissioner publishes the rule once in a legal newspaper
64.31 	published in Minneapolis, St. Paul, and Duluth, or for a rule
64.32 	that affects three or fewer counties the commissioner publishes
64.33 	the rule once in a legal newspaper in each of the affected
64.34 	counties.
64.35 	(d) Except as provided in paragraph (e), a rule published
64.36 	under paragraph (c), clause (3), may not be effective earlier
65.1 	than seven days after publication.
65.2 	(e) A rule published under paragraph (c), clause (3), may
65.3 	be effective the day the rule is published if the commissioner
65.4 	gives notice and holds a public hearing on the rule within 15
65.5 	days before publication.
65.6 	(f) The commissioner shall attempt to notify persons or
65.7 	groups of persons affected by rules adopted under paragraphs (b)
65.8 	and (c) by public announcements, posting, and other appropriate
65.9 	means as determined by the commissioner.
65.10 	(g) Notwithstanding section 97A.0458, a rule adopted under
65.11 	this subdivision is effective for the period stated in the
65.12 	notice but not longer than 18 months after the rule is adopted.

65.13 	Sec. 59. Minnesota Statutes 2004, section 84.027,
65.14 	subdivision 15, is amended to read:
65.15 		Subd. 15.Electronic transactions.  (a) The commissioner
65.16 	may receive an application for, sell, and issue any license,
65.17 	stamp, permit, pass, sticker, duplicate safety training
65.18 	certification,registration, or transfer under the jurisdiction
65.19 	of the commissioner by electronic means, including by telephone.
65.20 	Notwithstanding section 97A.472, electronic and telephone
65.21 	transactions may be made outside of the state.  The commissioner
65.22 	may:
65.23 	(1) provide for the electronic transfer of funds generated
65.24 	by electronic transactions, including by telephone;
65.25 	(2) assign a license an identification number to an
65.26 	applicant who purchases a hunting or fishing license or
65.27 	recreational vehicle registration by electronic means, to serve
65.28 	as temporary authorization to engage in the licensed activity
65.29 	requiring a license or registration until the license or
65.30 	registration is received or expires;
65.31 	(3) charge and permit agents to charge a fee of individuals
65.32 	who make electronic transactions and transactions by
65.33 	telephone or Internet, including the issuing fee under section
65.34 	97A.485, subdivision 6,fees and an additional transaction fee
65.35 	not to exceed $3.50;
65.36 	(4) collect issuing or filing fees as provided under
66.1 	sections 84.788, subdivision 3, paragraph (e); 84.798,
66.2 	subdivision 3, paragraph (b); 84.82, subdivision 2, paragraph
66.3 	(d); 84.8205, subdivisions 5 and 6; 84.922, subdivision 2,
66.4 	paragraph (e); 85.41, subdivision 5; 86B.415, subdivision 8; and
66.5 	97A.485, subdivision 6, and collect establish, by written order,
66.6 	an electronic licensing system commission on to be paid by
66.7 	revenues generated from all sales of licenses as provided under
66.8 	sections 85.43, paragraph (b), and 97A.485, subdivision 7made
66.9 	through the electronic licensing system.  The commissioner shall
66.10 	establish the commission in a manner that neither significantly
66.11 	overrecovers nor underrecovers costs involved in providing the
66.12 	electronic licensing system; and
66.13 	(5) adopt rules to administer the provisions of this
66.14 	subdivision.
66.15 	(b) Establishment of The transaction fee fees established 
66.16 	under paragraph (a), clause (3), and the commission established
66.17 	under paragraph (a), clause (4), is are not subject to the
66.18 	rulemaking procedures of chapter 14 and section 14.386 does not
66.19 	apply.
66.20 	(c) Money received from fees and commissions collected
66.21 	under this subdivision, including interest earned, is annually
66.22 	appropriated from the game and fish fund and the natural
66.23 	resources fund to the commissioner for the cost of electronic
66.24 	licensing.
66.25 	
EFFECTIVE DATE. This section is effective July 6, 2005.

66.26 	Sec. 60. Minnesota Statutes 2004, section 84.0911,
66.27 	subdivision 2, is amended to read:
66.28 		Subd. 2.Receipts.  Money received from the sale of wild
66.29 	rice licenses issued by the commissioner under section 84.091,
66.30 	subdivision 3, paragraph (a), clauses (1), (3), and (4), and
66.31 	subdivision 3, paragraph (b), except for the electronic
66.32 	licensing system commission established by the commissioner
66.33 	under section 84.027, subdivision 15,shall be credited to the
66.34 	wild rice management account.
66.35 	
EFFECTIVE DATE. This section is effective July 1, 2006.

66.36 	Sec. 61. Minnesota Statutes 2004, section 84.780, is
67.1 	amended to read:
67.2 	84.780 OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.
67.3 	(a) The off-highway vehicle damage account is created in
67.4 	the natural resources fund.  Money in the off-highway vehicle
67.5 	damage account is appropriated to the commissioner of natural
67.6 	resources for the repair or restoration of property damaged by
67.7 	the operation of off-highway vehicles in an unpermitted area
67.8 	after August 1, 2003, and for the costs of administration for
67.9 	this section.
67.10 	Before the commissioner may make a payment from this
67.11 	account, the commissioner must determine whether the damage to
67.12 	the property was caused by the unpermitted use of off-highway
67.13 	vehicles, that the applicant has made reasonable efforts to
67.14 	identify the responsible individual and obtain payment from the
67.15 	individual, and that the applicant has made reasonable efforts
67.16 	to prevent reoccurrence.  By June 30, 2005 2007, the
67.17 	commissioner of finance must transfer the remaining balance in
67.18 	the account to the off-highway motorcycle account under section
67.19 	84.794, the off-road vehicle account under section 84.803, and
67.20 	the all-terrain vehicle account under section 84.927.  The
67.21 	amount transferred to each account must be proportionate to the
67.22 	amounts received in the damage account from the relevant
67.23 	off-highway vehicle accounts.
67.24 	(b) Determinations of the commissioner under this section
67.25 	may be made by written order and are exempt from the rulemaking
67.26 	provisions of chapter 14.  Section 14.386 does not apply.
67.27 	(c) This section expires July 1, 2005 2007.

67.28 	Sec. 62. Minnesota Statutes 2004, section 84.788,
67.29 	subdivision 3, is amended to read:
67.30 		Subd. 3.Application; issuance; reports.  (a) Application
67.31 	for registration or continued registration must be made to the
67.32 	commissioner or an authorized deputy registrar of motor vehicles
67.33 	in a form prescribed by the commissioner.  The form must state
67.34 	the name and address of every owner of the off-highway
67.35 	motorcycle.
67.36 	(b) A person who purchases from a retail dealer an
68.1 	off-highway motorcycle shall make application for registration
68.2 	to the dealer at the point of sale.  The dealer shall issue a
68.3 	dealer temporary ten-day registration permit to each purchaser
68.4 	who applies to the dealer for registration.  The dealer shall
68.5 	submit the completed registration applications and fees to the
68.6 	deputy registrar at least once each week.  No fee may be charged
68.7 	by a dealer to a purchaser for providing the temporary permit.
68.8 	(c) Upon receipt of the application and the appropriate
68.9 	fee, the commissioner or deputy registrar shall issue to the
68.10 	applicant, or provide to the dealer, a 60-day temporary receipt
68.11 	and shall assign a an assigned registration number that or a
68.12 	commissioner or deputy registrar temporary ten-day permit.  Once
68.13 	issued, the registration number must be affixed to the
68.14 	motorcycle in a manner prescribed by the commissioner according
68.15 	to paragraph (f).  A dealer subject to paragraph (b) shall
68.16 	provide the registration materials and or temporary receipt 
68.17 	permit to the purchaser within the ten-day temporary permit
68.18 	period.
68.19 	(d) The commissioner shall develop a registration system to
68.20 	register vehicles under this section.  A deputy registrar of
68.21 	motor vehicles acting under section 168.33, is also a deputy
68.22 	registrar of off-highway motorcycles.  The commissioner of
68.23 	natural resources in agreement with the commissioner of public
68.24 	safety may prescribe the accounting and procedural requirements
68.25 	necessary to ensure efficient handling of registrations and
68.26 	registration fees.  Deputy registrars shall strictly comply with
68.27 	the accounting and procedural requirements.
68.28 	(e) In addition to other fees prescribed by law, a filing
68.29 	fee of $4.50 is charged for each off-highway motorcycle
68.30 	registration renewal, duplicate or replacement registration
68.31 	card, and replacement decal and a filing fee of $7 is charged
68.32 	for each off-highway motorcycle registration and registration
68.33 	transfer issued by:
68.34 	(1) a deputy registrar and must be deposited in the
68.35 	treasury of the jurisdiction where the deputy is appointed, or
68.36 	kept if the deputy is not a public official; or
69.1 	(2) the commissioner and must be deposited in the state
69.2 	treasury and credited to the off-highway motorcycle account.
69.3 	(f) Unless exempted under paragraph (g), the owner of an
69.4 	off-highway motorcycle must display a registration decal issued
69.5 	by the commissioner.  If the motorcycle is licensed as a motor
69.6 	vehicle, a registration decal must be affixed on the upper left
69.7 	corner of the rear license plate.  If the motorcycle is not
69.8 	licensed as a motor vehicle, the decal must be attached on the
69.9 	side of the motorcycle and may be attached to the fork tube.
69.10 	The decal must be attached so that it is visible while a rider
69.11 	is on the motorcycle.  The decals must not exceed three inches
69.12 	high and three inches wide.
69.13 	(g) Display of a registration decal is not required for an
69.14 	off-highway motorcycle while being operated on private property
69.15 	or while competing in a closed-course competition event.

69.16 	Sec. 63. Minnesota Statutes 2004, section 84.788, is
69.17 	amended by adding a subdivision to read:
69.18 		Subd. 11.Refunds. The commissioner may issue a refund
69.19 	on a registration, not including any issuing fees paid under
69.20 	subdivision 3, paragraph (e), or section 84.027, subdivision 15,
69.21 	paragraph (a), clause (3), if the refund request is received
69.22 	within 12 months of the original registration and:
69.23 	(1) the off-highway motorcycle was registered incorrectly
69.24 	by the commissioner or the deputy registrar; or 
69.25 	(2) the off-highway motorcycle was registered twice, once
69.26 	by the dealer and once by the customer.

69.27 	Sec. 64. Minnesota Statutes 2004, section 84.791,
69.28 	subdivision 2, is amended to read:
69.29 		Subd. 2.Fees.  For the purposes of administering the
69.30 	program and to defray a portion of the expenses of training and
69.31 	certifying vehicle operators, the commissioner shall collect a
69.32 	fee not to exceed $5 from each person who receives the training.
69.33 	The commissioner shall collect a fee for issuing a duplicate
69.34 	off-highway motorcycle safety certificate.  The commissioner
69.35 	shall establish the fee for a duplicate off-highway motorcycle
69.36 	safety certificate, to include a $1 issuing fee for licensing
70.1 	agents,that neither significantly overrecovers nor
70.2 	underrecovers costs, including overhead costs, involved in
70.3 	providing the service.  The fees must , except for the issuing
70.4 	fee for licensing agents under this subdivision, shall be
70.5 	deposited in the state treasury and credited to the off-highway
70.6 	motorcycle account in the natural resources fund.
70.7 	
EFFECTIVE DATE. This section is effective July 1, 2005.

70.8 	Sec. 65. Minnesota Statutes 2004, section 84.798, is
70.9 	amended by adding a subdivision to read:
70.10 		Subd. 10.Refunds. The commissioner may issue a refund
70.11 	on a registration, not including any issuing fees paid under
70.12 	subdivision 3, paragraph (b), or section 84.027, subdivision 15,
70.13 	paragraph (a), clause (3), if the refund request is received
70.14 	within 12 months of the original registration and the vehicle
70.15 	was registered incorrectly by the commissioner or the deputy
70.16 	registrar.

70.17 	Sec. 66. Minnesota Statutes 2004, section 84.82,
70.18 	subdivision 2, is amended to read:
70.19 		Subd. 2.Application, issuance, reports, additional fee.
 70.20 	(a) Application for registration or reregistration shall be made
70.21 	to the commissioner or an authorized deputy registrar of motor
70.22 	vehicles in a format prescribed by the commissioner and shall
70.23 	state the legal name and address of every owner of the
70.24 	snowmobile.
70.25 	(b) A person who purchases a snowmobile from a retail
70.26 	dealer shall make application for registration to the dealer at
70.27 	the point of sale.  The dealer shall issue a dealer temporary
70.28 	ten-day registration permit to each purchaser who applies to the
70.29 	dealer for registration. The temporary registration is valid
70.30 	for 60 days from the date of issue.Each retail dealer shall
70.31 	submit completed registration and fees to the deputy registrar
70.32 	at least once a week. No fee may be charged by a dealer to a
70.33 	purchaser for providing the temporary permit.
70.34 	(c) Upon receipt of the application and the appropriate fee
70.35 	as hereinafter provided, such snowmobile shall be registered and
70.36 	a the commissioner or deputy registrar shall issue to the
71.1 	applicant, or provide to the dealer, an assigned registration
71.2 	number assigned which shall or a commissioner or deputy
71.3 	registrar temporary ten-day permit.  Once issued, the
71.4 	registration number must be affixed to the snowmobile in a
71.5 	clearly visible and permanent manner for enforcement purposes as
71.6 	the commissioner of natural resources shall prescribe. A dealer
71.7 	subject to paragraph (b) shall provide the registration
71.8 	materials or temporary permit to the purchaser within the
71.9 	temporary ten-day permit period.The registration is not valid
71.10 	unless signed by at least one owner.
71.11 	(c) (d) Each deputy registrar of motor vehicles acting
71.12 	pursuant to section 168.33, shall also be a deputy registrar of
71.13 	snowmobiles.  The commissioner of natural resources in agreement
71.14 	with the commissioner of public safety may prescribe the
71.15 	accounting and procedural requirements necessary to assure
71.16 	efficient handling of registrations and registration fees.
71.17 	Deputy registrars shall strictly comply with these accounting
71.18 	and procedural requirements.
71.19 	(d) (e) A fee of $2 in addition to that otherwise
71.20 	prescribed by law shall be charged for:
71.21 	(1) each snowmobile registered by the registrar or a deputy
71.22 	registrar and the additional fee shall be disposed of in the
71.23 	manner provided in section 168.33, subdivision 2; or
71.24 	(2) each snowmobile registered by the commissioner and the
71.25 	additional fee shall be deposited in the state treasury and
71.26 	credited to the snowmobile trails and enforcement account in the
71.27 	natural resources fund.

71.28 	Sec. 67. Minnesota Statutes 2004, section 84.82, is
71.29 	amended by adding a subdivision to read:
71.30 		Subd. 11.Refunds. The commissioner may issue a refund
71.31 	on a registration, not including any issuing fees paid under
71.32 	subdivision 2, paragraph (e), or section 84.027, subdivision 15,
71.33 	paragraph (a), clause (3), if the refund request is received
71.34 	within 12 months of the original registration and:
71.35 	(1) the snowmobile was registered incorrectly by the
71.36 	commissioner or the deputy registrar; or 
72.1 	(2) the snowmobile was registered twice, once by the dealer
72.2 	and once by the customer.

72.3 	Sec. 68. Minnesota Statutes 2004, section 84.8205,
72.4 	subdivision 1, is amended to read:
72.5 		Subdivision 1.Sticker required; fee.  A person may not
72.6 	operate a snowmobile that is not registered in this state on a
72.7 	state or grant-in-aid snowmobile trail unless a snowmobile state
72.8 	trail sticker is affixed to the snowmobile.  The commissioner of
72.9 	natural resources shall issue a sticker upon application and
72.10 	payment of a $15 fee. The fee for a three-year snowmobile state
72.11 	trail sticker that is purchased at the time of snowmobile
72.12 	registration is $30.  In addition to other penalties prescribed
72.13 	by law, a person in violation of this subdivision must purchase
72.14 	an annual state trail sticker for a fee of $30.The sticker is
72.15 	valid from November 1 through April 30.  Fees collected under
72.16 	this section, except for the issuing fee for licensing agents
72.17 	under this section and for the electronic licensing system
72.18 	commission established by the commissioner under section 84.027,
72.19 	subdivision 15,shall be deposited in the state treasury and
72.20 	credited to the snowmobile trails and enforcement account in the
72.21 	natural resources fund and must be used for grants-in-aid or
72.22 	acquisition of easements for permanent recreational snowmobile
72.23 	trails.
72.24 	
EFFECTIVE DATE. This section is effective July 6, 2005.

72.25 	Sec. 69. Minnesota Statutes 2004, section 84.8205,
72.26 	subdivision 3, is amended to read:
72.27 		Subd. 3.License agents. County auditors are appointed
72.28 	agents of the commissioner for the sale of snowmobile state
72.29 	trail stickers.The commissioner may appoint other state
72.30 	agencies as agents for the sale of the to issue and sell state
72.31 	trail stickers. A county auditor may appoint subagents within
72.32 	the county or within adjacent counties to sell stickers.  Upon
72.33 	appointment of a subagent, the auditor shall notify the
72.34 	commissioner of the name and address of the subagent.  The
72.35 	auditor may revoke the appointment of a subagent, and The
72.36 	commissioner may revoke the appointment of a state agency an
73.1 	agent at any time. The commissioner may require an auditor to
73.2 	revoke a subagent's appointment.  The auditor shall furnish
73.3 	stickers on consignment to any subagent who furnishes a surety
73.4 	bond in favor of the county in an amount at least equal to the
73.5 	value of the stickers to be consigned to that subagent.  A
73.6 	surety bond is not required for a state agency appointed by the
73.7 	commissioner.  The county auditor shall be responsible for all
73.8 	stickers issued to and user fees received by agents except in a
73.9 	county where the county auditor does not retain fees paid for
73.10 	license purposes.  In these counties, the responsibilities
73.11 	imposed by this section upon the county auditor are imposed upon
73.12 	the county.The commissioner may promulgate adopt additional
73.13 	rules governing the accounting and procedures for handling state
73.14 	trail stickers as provided in section 97A.485, subdivision 11.
73.15 	Any resident desiring to sell snowmobile state trail
73.16 	stickers may either purchase for cash or obtain on consignment
73.17 	stickers from a county auditor in groups of not less than ten
73.18 	individual stickers.  In selling stickers, the resident shall be
73.19 	deemed a subagent of the county auditor and the commissioner,
73.20 	and An agent shall observe all rules promulgated adopted by the
73.21 	commissioner for accounting and handling of licenses and 
73.22 	stickers pursuant to section 97A.485, subdivision 11.
73.23 	The county auditor An agent shall promptly deposit and
73.24 	remit all money received from the sale of the stickers with the
73.25 	county treasurer and shall promptly transmit any reports
73.26 	required by the commissioner, plus 96 percent of the price paid
73.27 	by each stickerholder, exclusive of the issuing fee, for each
73.28 	sticker sold or consigned by the auditor and subsequently sold
73.29 	to a stickerholder during the accounting period.  The county
73.30 	auditor shall retain as a commission four percent of all sticker
73.31 	fees, excluding the issuing fee for stickers consigned to
73.32 	subagents and the issuing fee on stickers sold by the auditor to
73.33 	stickerholders to the commissioner.
73.34 	Unsold stickers in the hands of any subagent shall be
73.35 	redeemed by the commissioner if presented for redemption within
73.36 	the time prescribed by the commissioner.  Any stickers not
74.1 	presented for redemption within the period prescribed shall be
74.2 	conclusively presumed to have been sold, and the subagent
74.3 	possessing the same or to whom they are charged shall be
74.4 	accountable.
74.5 	
EFFECTIVE DATE. This section is effective July 6, 2005.

74.6 	Sec. 70. Minnesota Statutes 2004, section 84.8205,
74.7 	subdivision 4, is amended to read:
74.8 		Subd. 4.distribution issuance of stickers.  The
74.9 	commissioner and agents shall provide issue and sell snowmobile
74.10 	state trail stickers to all agents authorized to issue stickers
74.11 	by the commissioner.
74.12 	
EFFECTIVE DATE. This section is effective July 6, 2005.

74.13 	Sec. 71. Minnesota Statutes 2004, section 84.8205,
74.14 	subdivision 6, is amended to read:
74.15 		Subd. 6.Duplicate state trail stickers.  The
74.16 	commissioner and agents shall issue a duplicate sticker to
74.17 	persons whose sticker is lost or destroyed using the process
74.18 	established under section 97A.405, subdivision 3, and rules
74.19 	promulgated thereunder.  The fee for a duplicate state trail
74.20 	sticker is $2, with an issuing fee of 50 cents.
74.21 	
EFFECTIVE DATE. This section is effective July 6, 2005.

74.22 	Sec. 72. Minnesota Statutes 2004, section 84.83,
74.23 	subdivision 3, is amended to read:
74.24 		Subd. 3.Purposes for the account.  The money deposited
74.25 	in the account and interest earned on that money may be expended
74.26 	only as appropriated by law for the following purposes:
74.27 	(1) for a grant-in-aid program to counties and
74.28 	municipalities for construction and maintenance of snowmobile
74.29 	trails, including maintenance of trails on lands and waters of
74.30 	Voyageurs National Park, on Lake of the Woods, on Rainy Lake,
74.31 	and on the following lakes in St. Louis County:  Burntside,
74.32 	Crane, Little Long, Mud, Pelican, Shagawa, and Vermilion;
74.33 	(2) for acquisition, development, and maintenance of state
74.34 	recreational snowmobile trails;
74.35 	(3) for snowmobile safety programs; and
74.36 	(4) for the administration and enforcement of sections
75.1 	84.81 to 84.91 and appropriated grants to local law enforcement
75.2 	agencies.

75.3 	Sec. 73. Minnesota Statutes 2004, section 84.83,
75.4 	subdivision 4, is amended to read:
75.5 		Subd. 4.Provisions applicable to funding recipients.
 75.6 	(a) Recipients of Minnesota trail assistance program funds must
75.7 	be afforded the same protection and be held to the same standard
75.8 	of liability as a political subdivision under chapter 466 for
75.9 	activities associated with the administration, design,
75.10 	construction, maintenance, and grooming of snowmobile trails.
75.11 	(b) Recipients of Minnesota trail assistance program funds
75.12 	who maintain ice trails on public waters listed under
75.13 	subdivision 3, clause (1), or on waters of Voyageurs National
75.14 	Park are expressly immune from liability under section 466.03,
75.15 	subdivision 6e.

75.16 	Sec. 74. Minnesota Statutes 2004, section 84.86,
75.17 	subdivision 1, is amended to read:
75.18 		Subdivision 1.Required rules.  With a view of achieving
75.19 	maximum use of snowmobiles consistent with protection of the
75.20 	environment the commissioner of natural resources shall adopt
75.21 	rules in the manner provided by chapter 14, for the following
75.22 	purposes:
75.23 	(1) Registration of snowmobiles and display of registration
75.24 	numbers.
75.25 	(2) Use of snowmobiles insofar as game and fish resources
75.26 	are affected.
75.27 	(3) Use of snowmobiles on public lands and waters, or on
75.28 	grant-in-aid trails.
75.29 	(4) Uniform signs to be used by the state, counties, and
75.30 	cities, which are necessary or desirable to control, direct, or
75.31 	regulate the operation and use of snowmobiles.
75.32 	(5) Specifications relating to snowmobile mufflers.
75.33 	(6) A comprehensive snowmobile information and safety
75.34 	education and training program, including but not limited to the
75.35 	preparation and dissemination of snowmobile information and
75.36 	safety advice to the public, the training of snowmobile
76.1 	operators, and the issuance of snowmobile safety certificates to
76.2 	snowmobile operators who successfully complete the snowmobile
76.3 	safety education and training course.  For the purpose of
76.4 	administering such program and to defray expenses of training
76.5 	and certifying snowmobile operators, the commissioner shall
76.6 	collect a fee from each person who receives the youth or adult
76.7 	training.  The commissioner shall collect a fee, to include a $1
76.8 	issuing fee for licensing agents,for issuing a duplicate
76.9 	snowmobile safety certificate.  The commissioner shall establish
76.10 	both fees in a manner that neither significantly overrecovers
76.11 	nor underrecovers costs, including overhead costs, involved in
76.12 	providing the services.  The fees are not subject to the
76.13 	rulemaking provisions of chapter 14 and section 14.386 does not
76.14 	apply.  The fees may be established by the commissioner
76.15 	notwithstanding section 16A.1283.  The fees must , except for the
76.16 	issuing fee for licensing agents under this subdivision, shall 
76.17 	be deposited in the snowmobile trails and enforcement account in
76.18 	the natural resources fund and the amount thereof, except for
76.19 	the electronic licensing system commission established by the
76.20 	commissioner under section 84.027, subdivision 15, and issuing
76.21 	fees collected by the commissioner,is appropriated annually to
76.22 	the Enforcement Division of the Department of Natural Resources
76.23 	for the administration of such programs.  In addition to the fee
76.24 	established by the commissioner, instructors may charge each
76.25 	person up to the established fee amount for class materials and
76.26 	expenses.  The commissioner shall cooperate with private
76.27 	organizations and associations, private and public corporations,
76.28 	and local governmental units in furtherance of the program
76.29 	established under this clause.  School districts may cooperate
76.30 	with the commissioner and volunteer instructors to provide space
76.31 	for the classroom portion of the training.  The commissioner
76.32 	shall consult with the commissioner of public safety in regard
76.33 	to training program subject matter and performance testing that
76.34 	leads to the certification of snowmobile operators.
76.35 	(7) The operator of any snowmobile involved in an accident
76.36 	resulting in injury requiring medical attention or
77.1 	hospitalization to or death of any person or total damage to an
77.2 	extent of $500 or more, shall forward a written report of the
77.3 	accident to the commissioner on such form as the commissioner
77.4 	shall prescribe.  If the operator is killed or is unable to file
77.5 	a report due to incapacitation, any peace officer investigating
77.6 	the accident shall file the accident report within ten business
77.7 	days.
77.8 	
EFFECTIVE DATE. This section is effective July 6, 2005.

77.9 	Sec. 75. Minnesota Statutes 2004, section 84.922,
77.10 	subdivision 2, is amended to read:
77.11 		Subd. 2.Application, issuance, reports.  (a) Application
77.12 	for registration or continued registration shall be made to the
77.13 	commissioner of natural resources, the commissioner of public
77.14 	safety or an authorized deputy registrar of motor vehicles in a
77.15 	form prescribed by the commissioner.  The form must state the
77.16 	name and address of every owner of the vehicle.
77.17 	(b) A person who purchases an all-terrain vehicle from a
77.18 	retail dealer shall make application for registration to the
77.19 	dealer at the point of sale.  The dealer shall issue a dealer 
77.20 	temporary ten-day registration permit to each purchaser who
77.21 	applies to the dealer for registration.  The dealer shall submit
77.22 	the completed registration application and fees to the deputy
77.23 	registrar at least once each week.  No fee may be charged by a
77.24 	dealer to a purchaser for providing the temporary permit.
77.25 	(c) Upon receipt of the application and the appropriate
77.26 	fee, the commissioner or deputy registrar shall issue to the
77.27 	applicant, or provide to the dealer, a 60-day temporary receipt
77.28 	and shall assign a an assigned registration number that or a
77.29 	commissioner or deputy registrar temporary ten-day permit.  Once
77.30 	issued, the registration number must be affixed to the vehicle
77.31 	in a manner prescribed by the commissioner.  A dealer subject to
77.32 	paragraph (b) shall provide the registration materials and or 
77.33 	temporary receipt permit to the purchaser within the ten-day
77.34 	temporary permit period.  The commissioner shall use the
77.35 	snowmobile registration system to register vehicles under this
77.36 	section.
78.1 	(d) Each deputy registrar of motor vehicles acting under
78.2 	section 168.33, is also a deputy registrar of all-terrain
78.3 	vehicles.  The commissioner of natural resources in agreement
78.4 	with the commissioner of public safety may prescribe the
78.5 	accounting and procedural requirements necessary to assure
78.6 	efficient handling of registrations and registration fees.
78.7 	Deputy registrars shall strictly comply with the accounting and
78.8 	procedural requirements.
78.9 	(e) In addition to other fees prescribed by law, a filing
78.10 	fee of $4.50 is charged for each all-terrain vehicle
78.11 	registration renewal, duplicate or replacement registration
78.12 	card, and replacement decal and a filing fee of $7 is charged
78.13 	for each all-terrain vehicle registration and registration
78.14 	transfer issued by:
78.15 	(1) a deputy registrar and shall be deposited in the
78.16 	treasury of the jurisdiction where the deputy is appointed, or
78.17 	retained if the deputy is not a public official; or
78.18 	(2) the commissioner and shall be deposited to the state
78.19 	treasury and credited to the all-terrain vehicle account in the
78.20 	natural resources fund.

78.21 	Sec. 76. Minnesota Statutes 2004, section 84.922, is
78.22 	amended by adding a subdivision to read:
78.23 		Subd. 12.Refunds. The commissioner may issue a refund
78.24 	on a registration, not including any issuing fees paid under
78.25 	subdivision 2, paragraph (e), or section 84.027, subdivision 15,
78.26 	paragraph (a), clause (3), if the refund request is received
78.27 	within 12 months of the original registration and:
78.28 	(1) the vehicle was registered incorrectly by the
78.29 	commissioner or the deputy registrar; or 
78.30 	(2) the vehicle was registered twice, once by the dealer
78.31 	and once by the customer.

78.32 	Sec. 77. Minnesota Statutes 2004, section 84.925,
78.33 	subdivision 1, is amended to read:
78.34 		Subdivision 1.Program established.  (a) The commissioner
78.35 	shall establish a comprehensive all-terrain vehicle
78.36 	environmental and safety education and training program,
79.1 	including the preparation and dissemination of vehicle
79.2 	information and safety advice to the public, the training of
79.3 	all-terrain vehicle operators, and the issuance of all-terrain
79.4 	vehicle safety certificates to vehicle operators over the age of
79.5 	12 years who successfully complete the all-terrain vehicle
79.6 	environmental and safety education and training course.
79.7 	(b) For the purpose of administering the program and to
79.8 	defray a portion of the expenses of training and certifying
79.9 	vehicle operators, the commissioner shall collect a fee of $15
79.10 	from each person who receives the training.  The commissioner
79.11 	shall collect a fee, to include a $1 issuing fee for licensing
79.12 	agents,for issuing a duplicate all-terrain vehicle safety
79.13 	certificate.  The commissioner shall establish the fee for a
79.14 	duplicate all-terrain vehicle safety certificate that neither
79.15 	significantly overrecovers nor underrecovers costs, including
79.16 	overhead costs, involved in providing the service.  Fee
79.17 	proceeds, except for the issuing fee for licensing agents under
79.18 	this subdivision,shall be deposited in the all-terrain vehicle
79.19 	account in the natural resources fund.
79.20 	(c) The commissioner shall cooperate with private
79.21 	organizations and associations, private and public corporations,
79.22 	and local governmental units in furtherance of the program
79.23 	established under this section.  School districts may cooperate
79.24 	with the commissioner and volunteer instructors to provide space
79.25 	for the classroom portion of the training.  The commissioner
79.26 	shall consult with the commissioner of public safety in regard
79.27 	to training program subject matter and performance testing that
79.28 	leads to the certification of vehicle operators.  By June 30,
79.29 	2003, the commissioner shall incorporate a riding component in
79.30 	the safety education and training program.
79.31 	
EFFECTIVE DATE. This section is effective July 6, 2005.

79.32 	Sec. 78. Minnesota Statutes 2004, section 84D.03,
79.33 	subdivision 4, is amended to read:
79.34 		Subd. 4.Commercial fishing and turtle, frog, and
79.35 	crayfish harvesting restrictions in infested and noninfested
79.36 	waters.  (a) All nets, traps, buoys, anchors, stakes, and lines
80.1 	used for commercial fishing or turtle, frog, or crayfish
80.2 	harvesting in an infested waters,water that is designated
80.3 	because the waters contain it contains invasive fish or
80.4 	invertebrates, may not be used in noninfested any other waters.
80.5 	If a commercial licensee operates in both noninfested waters and 
80.6 	an infested waters water designated because the waters contain 
80.7 	it contains invasive fish or invertebrates and other waters, all
80.8 	nets, traps, buoys, anchors, stakes, and lines used for
80.9 	commercial fishing or turtle, frog, or crayfish harvesting in
80.10 	noninfested waters not designated as infested with invasive fish
80.11 	or invertebrates must be tagged with tags provided by the
80.12 	commissioner, as specified in the commercial licensee's license
80.13 	or permit, and may not be used in infested waters designated
80.14 	because the waters contain invasive fish or invertebrates.
80.15 	(b) In infested waters designated solely because the waters
80.16 	contain Eurasian water milfoil,All nets, traps, buoys, anchors,
80.17 	stakes, and lines used for commercial fishing or turtle, frog,
80.18 	or crayfish harvesting in an infested water that is designated
80.19 	solely because it contains Eurasian water milfoil must be dried
80.20 	for a minimum of ten days or frozen for a minimum of two days
80.21 	before they are used in noninfested any other waters, except as
80.22 	provided in this paragraph.  Commercial operators licensees must
80.23 	notify the department's regional or area fisheries office or a
80.24 	conservation officer when before removing nets or equipment from
80.25 	an infested waters water designated solely because it contains
80.26 	Eurasian water milfoil and before resetting those nets or
80.27 	equipment in noninfested any other waters. All aquatic
80.28 	macrophytes Upon notification, the commissioner may authorize a
80.29 	commercial licensee to move nets or equipment to another water
80.30 	without freezing or drying, if that water is designated as
80.31 	infested solely because it contains Eurasian water milfoil.
80.32 	(c) A commercial licensee must be removed remove all
80.33 	aquatic macrophytes from nets and other equipment when the nets
80.34 	and equipment are removed from infested waters of the state.
80.35 	(d) The commissioner shall provide a commercial licensee
80.36 	with a current listing of designated infested waters at the time
81.1 	that a license or permit is issued.

81.2 	Sec. 79. Minnesota Statutes 2004, section 85.054,
81.3 	subdivision 1, is amended to read:
81.4 		Subdivision 1.State park open house day.  (a) A state
81.5 	park permit is not required for a motor vehicle to enter a state
81.6 	park, state monument, state recreation area, or state wayside,
81.7 	on one day each calendar year at each park, which the
81.8 	commissioner may designate as State Park Open House Day.  The
81.9 	commissioner may designate two consecutive days as State Park
81.10 	Open House Day, if the open house is held in conjunction with a
81.11 	special pageant described in section 85.052, subdivision 2.
81.12 	(b) The commissioner shall announce the date of each state
81.13 	park open house day at least 30 days in advance of the date it
81.14 	occurs.
81.15 	(c)  The state park open house day is to acquaint the
81.16 	public with state parks, recreation areas, and waysides.

81.17 	Sec. 80. Minnesota Statutes 2004, section 85.054, is
81.18 	amended by adding a subdivision to read:
81.19 		Subd. 11.Big bog state recreation area. A state park
81.20 	permit is not required and a fee may not be charged for motor
81.21 	vehicle entry or parking at the parking area located north of
81.22 	Tamarac River in the southern unit of Big Bog State Recreation
81.23 	Area, Beltrami County.

81.24 	Sec. 81. Minnesota Statutes 2004, section 85.055, is
81.25 	amended by adding a subdivision to read:
81.26 		Subd. 1b.Discounts. Except as otherwise specified in
81.27 	law, and notwithstanding section 16A.1285, subdivision 2, the
81.28 	commissioner may by written order authorize waiver or reduction
81.29 	of state park entrance fees.

81.30 	Sec. 82. Minnesota Statutes 2004, section 85.43, is
81.31 	amended to read:
81.32 	85.43 DISPOSITION OF RECEIPTS; PURPOSE.
81.33 	(a) Fees from cross-country ski passes shall be deposited
81.34 	in the state treasury and credited to a cross-country ski
81.35 	account in the natural resources fund and, except as provided in
81.36 	paragraph (b) for the electronic licensing system commission
82.1 	established by the commissioner under section 84.027,
82.2 	subdivision 15, are appropriated to the commissioner of natural
82.3 	resources for:
82.4 	(1) grants-in-aid for cross-country ski trails sponsored by
82.5 	local units of government and special park districts as provided
82.6 	in section 85.44; and
82.7 	(2) maintenance, winter grooming, and associated
82.8 	administrative costs for cross-country ski trails under the
82.9 	jurisdiction of the commissioner.
82.10 	(b) The commissioner shall retain for the operation of the
82.11 	electronic licensing system a commission of 4.7 percent of all
82.12 	cross-country ski pass fees collected.

82.13 	EFFECTIVE DATE. This section is effective July 6, 2005.

82.14 	Sec. 83. Minnesota Statutes 2004, section 86B.415, is
82.15 	amended by adding a subdivision to read:
82.16 		Subd. 11.Refunds. The commissioner may issue a refund
82.17 	on a license or title, not including any issuing fees paid under
82.18 	subdivision 8 or section 84.027, subdivision 15, paragraph (a),
82.19 	clause (3), or 86B.870, subdivision 1, paragraph (b), if the
82.20 	refund request is received within 12 months of the original
82.21 	license or title and:
82.22 	(1) the watercraft was licensed or titled incorrectly by
82.23 	the commissioner or the deputy registrar;
82.24 	(2) the customer was incorrectly charged a title fee; or 
82.25 	(3) the watercraft was licensed or titled twice, once by
82.26 	the dealer and once by the customer.

82.27 	Sec. 84. [86B.706] WATER RECREATION ACCOUNT; RECEIPTS AND
82.28 	PURPOSE.
82.29 		Subdivision 1.Creation. The water recreation account is
82.30 	created in the state treasury in the natural resources fund.
82.31 		Subd. 2.Money deposited in account. The following shall
82.32 	be deposited in the state treasury and credited to the water
82.33 	recreation account:
82.34 	(1) fees and surcharges from titling and licensing of
82.35 	watercraft under this chapter;
82.36 	(2) fines, installment payments, and forfeited bail
83.1 	according to section 86B.705, subdivision 2;
83.2 	(3) civil penalties according to section 84D.13;
83.3 	(4) mooring fees and receipts from the sale of marine gas
83.4 	at state-operated or state-assisted small craft harbors and
83.5 	mooring facilities according to section 86A.21;
83.6 	(5) the unrefunded gasoline tax attributable to watercraft
83.7 	use under section 296A.18; and 
83.8 	(6) fees for permits issued to control or harvest aquatic
83.9 	plants other than wild rice under section 103G.615, subdivision
83.10 	2.
83.11 		Subd. 3.Purposes. The money in the account may be
83.12 	expended only as appropriated by law for the following purposes:
83.13 	(1) as directed under section 296A.18, subdivision 2, for
83.14 	acquisition, development, maintenance, and rehabilitation of
83.15 	public water access and boating facilities on public waters;
83.16 	lake and river improvements; and boat and water safety;
83.17 	(2) from the fees collected at state-operated or
83.18 	state-assisted small craft harbors and mooring facilities from
83.19 	daily and seasonal moorings and the sale of marine gas, for
83.20 	maintenance, operation, replacement, and expansion of these
83.21 	facilities and for the debt service on state bonds sold to
83.22 	finance these facilities;
83.23 	(3) for administration and enforcement of this chapter as
83.24 	it pertains to titling and licensing of watercraft and use and
83.25 	safe operation of watercraft; grants for county-sponsored and
83.26 	administered boat and water safety programs; and state boat and
83.27 	water safety efforts;
83.28 	(4) for management of aquatic invasive species and the
83.29 	implementation of chapter 84D as it pertains to aquatic invasive
83.30 	species, including control, public awareness, law enforcement,
83.31 	assessment and monitoring, management planning, and research;
83.32 	and 
83.33 	(5) for management of aquatic plants and the implementation
83.34 	of section 103G.615 as it pertains to aquatic plants, including
83.35 	plant removal permitting, control, public awareness, law
83.36 	enforcement, assessment and monitoring, management planning, and
84.1 	research.

84.2 	Sec. 85. [87A.01] DEFINITIONS.
84.3 		Subdivision 1.Applicability. The definitions in this
84.4 	section apply to sections 87A.01 to 87A.08.
84.5 		Subd. 2.Person. "Person" means an individual,
84.6 	association, proprietorship, partnership, corporation, club,
84.7 	political subdivision, or other legal entity.
84.8 		Subd. 3.Shooting range or range. "Shooting range" or
84.9 	"range" means an area or facility designated or operated
84.10 	primarily for the use of firearms, as defined in section
84.11 	97A.015, subdivision 19, or archery, and includes shooting
84.12 	preserves as described in section 97A.115 or any other Minnesota
84.13 	law.
84.14 		Subd. 4.Shooting range performance standards. "Shooting
84.15 	range performance standards" means those rules adopted by the
84.16 	commissioner of natural resources under section 87A.02 for the
84.17 	safe operation of shooting ranges.
84.18 		Subd. 5.Local unit of government. "Local unit of
84.19 	government" means a home rule charter or statutory city, county,
84.20 	town, or other political subdivision.
84.21 	
EFFECTIVE DATE. This section is effective the day
84.22 	following final enactment.

84.23 	Sec. 86. [87A.02] SHOOTING RANGE PERFORMANCE STANDARDS.
84.24 		Subdivision 1.Adoption of standards; review. (a) The
84.25 	commissioner of natural resources must develop and adopt
84.26 	shooting range performance standards according to the expedited
84.27 	rulemaking process under section 14.389.  The shooting range
84.28 	performance standards must provide for compliance with
84.29 	applicable noise standards under section 87A.05 and for the safe
84.30 	use of shooting ranges within their boundaries, including the
84.31 	containment of projectiles.
84.32 	(b) The shooting range performance standards must provide
84.33 	for the operation of shooting preserves within the boundaries of
84.34 	the preserve, including an exemption from any discharge distance
84.35 	limitations generally applicable to hunting on other land, when
84.36 	the shooting preserve is in compliance with all other applicable
85.1 	laws and is in operation on or before the effective date of the
85.2 	performance standards adopted under this section or prior to the
85.3 	development of any structure that would cause the preserve to be
85.4 	out of compliance with the discharge distance.
85.5 	(c) The commissioner must review the shooting range
85.6 	performance standards at least once every five years and revise
85.7 	them if necessary for the safe operation of shooting ranges.
85.8 	(d) In the adoption of any amendments to the shooting range
85.9 	performance standards adopted under paragraph (a), the
85.10 	commissioner shall follow all notice and public hearing
85.11 	requirements for the regular rule adoption process under
85.12 	sections 14.001 to 14.28.
85.13 		Subd. 2.Interim standards. Until the commissioner of
85.14 	natural resources adopts the shooting range performance
85.15 	standards under subdivision 1, paragraph (a), the November 1999
85.16 	revised edition of the National Rifle Association's Range Source
85.17 	Book:  A Guide to Planning and Construction shall serve as the
85.18 	interim shooting range performance standards, having the full
85.19 	effect of the shooting range performance standards for purposes
85.20 	of this chapter.  The interim shooting range performance
85.21 	standards sunset and have no further effect under this chapter
85.22 	upon the effective date of the shooting range performance
85.23 	standards adopted under subdivision 1, paragraph (a).
85.24 	
EFFECTIVE DATE. This section is effective the day
85.25 	following final enactment.

85.26 	Sec. 87. [87A.03] COMPLIANT RANGES; AUTHORIZED
85.27 	ACTIVITIES.
85.28 		Subdivision 1.Authorized activities. A shooting range
85.29 	that operates in compliance with the shooting range performance
85.30 	standards must be permitted to do all of the following within
85.31 	its geographic boundaries, under the same or different ownership
85.32 	or occupancy, if done in accordance with shooting range
85.33 	performance standards:
85.34 	(1) operate the range and conduct activities involving the
85.35 	discharge of firearms;
85.36 	(2) expand or increase its membership or opportunities for
86.1 	public participation related to the primary activity as a
86.2 	shooting range;
86.3 	(3) make those repairs or improvements desirable to meet or
86.4 	exceed requirements of shooting range performance standards;
86.5 	(4) increase events and activities related to the primary
86.6 	activity as a shooting range;
86.7 	(5) conduct shooting activities and discharge firearms
86.8 	daily between 7:00 a.m. and 10:00 p.m.  A local unit of
86.9 	government with zoning jurisdiction over a shooting range may
86.10 	extend the hours of operation by the issuance of a special or
86.11 	conditional use permit; and 
86.12 	(6) acquire additional lands to be used for buffer zones or
86.13 	noise mitigation efforts or to otherwise comply with this
86.14 	chapter.
86.15 		Subd. 2.Nonconforming use. A shooting range that is a
86.16 	nonconforming use shall be allowed to conduct additional
86.17 	shooting activities within the range's lawful property
86.18 	boundaries as of the date the range became a nonconforming use,
86.19 	provided the shooting range remains in compliance with noise and
86.20 	shooting range performance standards under this chapter.
86.21 		Subd. 3.Compliance with other law. Nothing in this
86.22 	section exempts any newly constructed or remodeled building on a
86.23 	shooting range from compliance with fire safety, handicapped
86.24 	accessibility, elevator safety, bleacher safety, or other
86.25 	provisions of the State Building Code that have mandatory
86.26 	statewide application.
86.27 	
EFFECTIVE DATE. This section is effective the day
86.28 	following final enactment.

86.29 	Sec. 88. [87A.04] MITIGATION AREA.
86.30 	(a) Except for those uses, developments, and structures in
86.31 	existence or for which approval has been granted by October 1,
86.32 	2005, no change in use, new development, or construction of a
86.33 	structure shall be approved for any portion of property within
86.34 	750 feet of the perimeter property line of an outdoor shooting
86.35 	range if the change in use, development, or construction would
86.36 	cause a preexisting outdoor shooting range in compliance with
87.1 	this chapter to become out of compliance.
87.2 	(b) A change in use, new development, or construction of a
87.3 	structure may be approved under this section if the person
87.4 	seeking approval agrees to provide any mitigation required to
87.5 	keep the range in compliance with this chapter.  The approving
87.6 	authority, instead of the person requesting the change in use,
87.7 	new development, or construction of a structure may provide any
87.8 	mitigation required under this section.  The person requesting
87.9 	approval under this section is responsible for providing
87.10 	documentation if no mitigation is required under this section.
87.11 	Failure to provide the documentation or any mitigation required
87.12 	under this section exempts the range from being out of
87.13 	compliance with the shooting range performance and noise
87.14 	standards of this chapter with regard to the property
87.15 	responsible for the mitigation.  Any action brought by the owner
87.16 	of the property against the range is subject to section 87A.06.
87.17 	With the permission of the range operator, any mitigation
87.18 	required under this section may be provided on the range
87.19 	property.

87.20 	EFFECTIVE DATE. This section is effective the day
87.21 	following final enactment.

87.22 	Sec. 89. [87A.05] NOISE STANDARDS.
87.23 	Allowable noise levels for the operation of a shooting
87.24 	range are the levels determined by replacing the steady state
87.25 	noise L10 and L50 state standards for each period of time within
87.26 	each noise area's classification with a single Leq(h) standard
87.27 	for impulsive noise that is two dBA lower than that of the L10
87.28 	level for steady state noise.  The noise level shall be measured
87.29 	outside of the range property at the location of the receiver's
87.30 	activity according to Minnesota Rules, parts 7030.0010 to
87.31 	7030.0080.  For purposes of this section, "Leq(h)" means the
87.32 	energy level that is equivalent to a steady state level that
87.33 	contains the same amount of sound energy as the time varying
87.34 	sound level for a 60-minute time period.

87.35 	EFFECTIVE DATE. This section is effective the day
87.36 	following final enactment.

88.1 	Sec. 90. [87A.06] NUISANCE ACTIONS; COMPLIANCE WITH
88.2 	SHOOTING RANGE PERFORMANCE STANDARDS.
88.3 	A person who owns, operates, or uses a shooting range in
88.4 	this state that is in compliance with shooting range performance
88.5 	standards is not subject to any nuisance action based on noise
88.6 	or other matters regulated by the shooting range performance
88.7 	standards.  This section does not prohibit an action that seeks
88.8 	damages for personal physical injury or tangible damage to
88.9 	property caused by acts or omissions involving the operation of
88.10 	the range or by a person using the range.

88.11 	EFFECTIVE DATE. This section is effective the day
88.12 	following final enactment.

88.13 	Sec. 91. [87A.07] CLOSURE OF SHOOTING RANGES.
88.14 		Subdivision 1.Closure. Except as otherwise provided in
88.15 	sections 87A.01 to 87A.08, a shooting range that is in
88.16 	compliance with shooting range performance standards and the
88.17 	requirements of sections 87A.01 to 87A.08 shall not be forced to
88.18 	permanently close or permanently cease any activity related to
88.19 	the primary use of the shooting range unless the range or
88.20 	activity is found to be a clear and immediate safety hazard.  In
88.21 	any action brought to compel the permanent closure of any range
88.22 	in compliance with shooting range performance standards and this
88.23 	chapter, or to permanently cease any activity related to the
88.24 	primary use of the shooting range, there is a rebuttable
88.25 	presumption that the range or activity is not a clear and
88.26 	immediate safety hazard.  If the shooting range provides
88.27 	evidence that the cause of a proven safety hazard can be
88.28 	mitigated so as to eliminate the safety hazard, the court shall
88.29 	not order the permanent closure of the range, or permanent
88.30 	ceasing of the activity found to be a clear and immediate safety
88.31 	hazard, unless the range operator fails to implement the
88.32 	necessary mitigation to remove the safety hazard by the date
88.33 	that is determined reasonable by the court.
88.34 		Subd. 2.Preliminary injunctions. Nothing in this
88.35 	section prohibits a court from granting a preliminary injunction
88.36 	against any activity determined to be a probable clear and
89.1 	immediate safety hazard, or against any individual determined to
89.2 	be the probable cause of an alleged clear and immediate safety
89.3 	hazard, pending the final determination of the existence of the
89.4 	safety hazard.
89.5 		Subd. 3.Permanent injunctions. A court may grant a
89.6 	permanent injunction only against a particular activity or
89.7 	person instead of permanently closing the range unless the court
89.8 	finds that the remaining operations also pose a safety hazard
89.9 	under this section.
89.10 	
EFFECTIVE DATE. This section is effective the day
89.11 	following final enactment.

89.12 	Sec. 92. [87A.08] APPLICABILITY OF OTHER LAWS.
89.13 		Subdivision 1.Public safety laws; zoning. (a) Nothing
89.14 	in this chapter prohibits enforcement of any federal law.  To
89.15 	the extent consistent with this chapter, other state laws
89.16 	regarding the health, safety, and welfare of the public may be
89.17 	enforced.  To the extent consistent with this chapter, a local
89.18 	unit of government with zoning authority jurisdiction over a
89.19 	shooting range may enforce its applicable ordinances and permits.
89.20 	(b) If the operator of the shooting range shows evidence
89.21 	that the range can be brought into compliance with the
89.22 	applicable state law, local ordinance, or permit, the range may
89.23 	not be permanently closed unless the range operator fails to
89.24 	bring the range into compliance with the applicable law,
89.25 	ordinance, or permit under this section by the date that the
89.26 	court determines reasonable.  Nothing in this section prohibits
89.27 	a court from granting a preliminary injunction against any
89.28 	activity determined to be a violation of a law, ordinance, or
89.29 	permit under this section or against any individual determined
89.30 	to be causing an alleged violation, pending the final
89.31 	determination of the existence of the violation.
89.32 		Subd. 2.Permanent injunctions. A court may grant a
89.33 	permanent injunction only against a particular activity or
89.34 	person instead of permanently closing the range unless the court
89.35 	finds that the remaining operations also create a violation
89.36 	under this section.
90.1 	
EFFECTIVE DATE. This section is effective the day
90.2 	following final enactment.

90.3 	Sec. 93. Minnesota Statutes 2004, section 88.6435,
90.4 	subdivision 4, is amended to read:
90.5 		Subd. 4.forest bough account;disposition of permit fees
90.6 	and penalties. (a) The forest bough account is established in
90.7 	the state treasury within the natural resources fund.
90.8 	(b) Fees for permits issued under this section shall be
90.9 	deposited in the state treasury and credited to the special
90.10 	revenue fund forest bough account and, except for the electronic
90.11 	licensing system commission established by the commissioner
90.12 	under section 84.027, subdivision 15,are annually appropriated
90.13 	to the commissioner of natural resources for costs associated
90.14 	with balsam bough educational programs for harvesters and buyers.
90.15 	
EFFECTIVE DATE. This section is effective July 6, 2005.

90.16 	Sec. 94. Minnesota Statutes 2004, section 89.039,
90.17 	subdivision 1, is amended to read:
90.18 		Subdivision 1.Account established; sources.  The forest
90.19 	management investment account is created in the natural
90.20 	resources fund in the state treasury and money in the account
90.21 	may be spent only for the purposes provided in subdivision 2.
90.22 	The following revenue shall be deposited in the forest
90.23 	management investment account:
90.24 	(1) timber sales receipts transferred from the consolidated
90.25 	conservation areas account as provided in section 84A.51,
90.26 	subdivision 2;
90.27 	(2) timber sales receipts from forest lands as provided in
90.28 	section 89.035; and 
90.29 	(3) money transferred from the forest suspense account
90.30 	according to section 16A.125, subdivision 5; and 
90.31 	(4) interest accruing from investment of the account.

90.32 	Sec. 95. Minnesota Statutes 2004, section 89.37, is
90.33 	amended by adding a subdivision to read:
90.34 		Subd. 4a.Surcharge. For tree seedlings sold according
90.35 	to this section, the commissioner may assess a 2.5 cent
90.36 	surcharge on each tree seedling.  All surcharges collected under
91.1 	this subdivision must be deposited in the state treasury and
91.2 	credited to the forest nursery account and are annually
91.3 	appropriated to the commissioner for the purpose of forestry
91.4 	education and technical assistance.

91.5 	Sec. 96. Minnesota Statutes 2004, section 90.195, is
91.6 	amended to read:
91.7 	90.195 SPECIAL USE PERMIT.
91.8 	The commissioner may issue a permit to salvage or cut not
91.9 	to exceed 12 cords of fuelwood per year for personal use from
91.10 	either or both of the following sources:  (1) dead, down, and
91.11 	diseased trees; (2) other trees that are of negative value under
91.12 	good forest management practices.  The permits may be issued for
91.13 	a period not to exceed one year.  The commissioner shall charge
91.14 	a fee, not less than $5, in an amount up to the stumpage for the
91.15 	permit that shall cover the commissioner's cost of issuing the
91.16 	permit and shall not exceed the current market value of fuelwood
91.17 	of similar species, grade, and volume that is being sold in the
91.18 	area where the salvage or cutting is authorized under the permit.

91.19 	Sec. 97. Minnesota Statutes 2004, section 97A.055,
91.20 	subdivision 4b, is amended to read:
91.21 		Subd. 4b.Citizen oversight subcommittees.  (a) The
91.22 	commissioner shall appoint subcommittees of affected persons to
91.23 	review the reports prepared under subdivision 4; review the
91.24 	proposed work plans and budgets for the coming year; propose
91.25 	changes in policies, activities, and revenue enhancements or
91.26 	reductions; review other relevant information; and make
91.27 	recommendations to the legislature and the commissioner for
91.28 	improvements in the management and use of money in the game and
91.29 	fish fund.
91.30 	(b) The commissioner shall appoint the following
91.31 	subcommittees, each comprised of at least three affected persons:
91.32 	(1) a Fisheries Operations Subcommittee to review fisheries
91.33 	funding, excluding activities related to trout and salmon stamp
91.34 	funding;
91.35 	(2) a Wildlife Operations Subcommittee to review wildlife
91.36 	funding, excluding activities related to migratory waterfowl,
92.1 	pheasant, and turkey stamp funding and excluding review of the
92.2 	amounts available under section 97A.075, subdivision 1,
92.3 	paragraphs (b) and (c);
92.4 	(3) a Big Game Subcommittee to review the report required
92.5 	in subdivision 4, paragraph (a), clause (2);
92.6 	(4) an Ecological Services Operations Subcommittee to
92.7 	review ecological services funding;
92.8 	(5) a subcommittee to review game and fish fund funding of
92.9 	enforcement, support services, and Department of Natural
92.10 	Resources administration;
92.11 	(6) a subcommittee to review the trout and salmon stamp
92.12 	report and address funding issues related to trout and salmon;
92.13 	(7) a subcommittee to review the report on the migratory
92.14 	waterfowl stamp and address funding issues related to migratory
92.15 	waterfowl;
92.16 	(8) a subcommittee to review the report on the pheasant
92.17 	stamp and address funding issues related to pheasants; and
92.18 	(9) a subcommittee to review the report on the turkey stamp
92.19 	and address funding issues related to wild turkeys.
92.20 	(c) The chairs of each of the subcommittees shall form a
92.21 	Budgetary Oversight Committee to coordinate the integration of
92.22 	the subcommittee reports into an annual report to the
92.23 	legislature; recommend changes on a broad level in policies,
92.24 	activities, and revenue enhancements or reductions; provide a
92.25 	forum to address issues that transcend the subcommittees; and
92.26 	submit a report for any subcommittee that fails to submit its
92.27 	report in a timely manner.
92.28 	(d) The Budgetary Oversight Committee shall develop
92.29 	recommendations for a biennial budget plan and report for
92.30 	expenditures on game and fish activities.  By August 15 of each
92.31 	even-numbered year, the committee shall submit the budget plan
92.32 	recommendations to the commissioner.
92.33 	(e) Each subcommittee shall choose its own chair, except
92.34 	that the chair of the Budgetary Oversight Committee shall be
92.35 	appointed by the commissioner and may not be the chair of any of
92.36 	the subcommittees.
93.1 	(f) The Budgetary Oversight Committee must make
93.2 	recommendations to the commissioner for outcome goals from
93.3 	expenditures.
93.4 	(g) Notwithstanding section 15.059, subdivision 5, or other
93.5 	law to the contrary, the Budgetary Oversight Committee and
93.6 	subcommittees do not expire until June 30, 2005 2010.
93.7 	
EFFECTIVE DATE. This section is effective the day
93.8 	following final enactment.

93.9 	Sec. 98. Minnesota Statutes 2004, section 97A.061,
93.10 	subdivision 1, is amended to read:
93.11 		Subdivision 1.Applicability; amount.  (a) The
93.12 	commissioner shall annually make a payment to each county having
93.13 	public hunting areas and game refuges.  Money to make the
93.14 	payments is annually appropriated for that purpose from the
93.15 	general fund. Except as provided in paragraph (b),this section
93.16 	does not apply to state trust fund land and other state land not
93.17 	purchased for game refuge or public hunting purposes. Except as
93.18 	provided in paragraph (b),the payment shall be the greatest of:
93.19 	(1) 35 percent of the gross receipts from all special use
93.20 	permits and leases of land acquired for public hunting and game
93.21 	refuges;
93.22 	(2) 50 cents per acre on land purchased actually used for
93.23 	public hunting or game refuges; or
93.24 	(3) three-fourths of one percent of the appraised value of
93.25 	purchased land actually used for public hunting and game refuges.
93.26 	(b) The payment shall be 50 percent of the dollar amount
93.27 	adjusted for inflation as determined under section 477A.12,
93.28 	subdivision 1, paragraph (a), clause (1), multiplied by the
93.29 	number of acres of land in the county that are owned by another
93.30 	state agency for military purposes and designated as a game
93.31 	refuge under section 97A.085.
93.32 	(c) The payment must be reduced by the amount paid under
93.33 	subdivision 3 for croplands managed for wild geese.
93.34 	(c) (d) The appraised value is the purchase price for five
93.35 	years after acquisition.  The appraised value shall be
93.36 	determined by the county assessor every five years after
94.1 	acquisition.
94.2 	
EFFECTIVE DATE. This section is effective for aids paid
94.3 	in calendar year 2007 and thereafter.

94.4 	Sec. 99. Minnesota Statutes 2004, section 97A.075,
94.5 	subdivision 3, is amended to read:
94.6 		Subd. 3.Trout and salmon stamp.  (a) Ninety percent of
94.7 	the revenue from trout and salmon stamps must be credited to the
94.8 	trout and salmon management account.  Money in the account may
94.9 	be used only for:
94.10 	(1) the development, restoration, maintenance, improvement,
94.11 	protection,and preservation of habitat for trout and salmon in 
94.12 	trout streams and lakes, including, but not limited to,
94.13 	evaluating habitat; stabilizing eroding stream banks; adding
94.14 	fish cover; modifying stream channels; managing vegetation to
94.15 	protect, shade, or reduce runoff on stream banks; and purchasing
94.16 	equipment to accomplish these tasks;
94.17 	(2) rearing of trout and salmon and , including utility and
94.18 	service costs associated with coldwater hatchery buildings and
94.19 	systems;stocking of trout and salmon in streams and lakes and
94.20 	Lake Superior; and monitoring and evaluating stocked trout and
94.21 	salmon;
94.22 	(3) acquisition of easements and fee title along trout
94.23 	waters;
94.24 	(4) identifying easement and fee title areas along trout
94.25 	waters; and
94.26 	(5) research and special management projects on trout
94.27 	streams, trout lakes, and Lake Superior and the anadromous 
94.28 	portions of its tributaries.
94.29 	(b) Money in the account may not be used for costs unless
94.30 	they are directly related to a specific parcel of land or body
94.31 	of water under paragraph (a) or ,to specific fish rearing
94.32 	activities under paragraph (a), clause (2), or for costs
94.33 	associated with supplies and equipment to implement trout and
94.34 	salmon management activities under paragraph (a).

94.35 	Sec. 100. Minnesota Statutes 2004, section 97A.4742,
94.36 	subdivision 4, is amended to read:
95.1 		Subd. 4.Annual report.  By December 15 each year, the
95.2 	commissioner shall submit a report to the legislative committees
95.3 	having jurisdiction over environment and natural resources
95.4 	appropriations and environment and natural resources policy.
95.5 	The report shall state the amount of revenue received in and
95.6 	expenditures made from revenue transferred from the lifetime
95.7 	fish and wildlife trust fund to the game and fish fund and shall
95.8 	describe projects funded, locations of the projects, and results
95.9 	and benefits from the projects.  The report may be included in
95.10 	the game and fish fund report required by section 97A.055,
95.11 	subdivision 4.  The commissioner shall make the annual report
95.12 	available to the public.

95.13 	Sec. 101. Minnesota Statutes 2004, section 97A.482, is
95.14 	amended to read:
95.15 	97A.482 LICENSE APPLICATIONS; COLLECTION OF SOCIAL
95.16 	SECURITY NUMBERS.
95.17 	(a) All applicants for individual noncommercial game and
95.18 	fish licenses under this chapter and chapters 97B and 97C must
95.19 	include the applicant's social security number on the license
95.20 	application.  If an applicant does not have a Social Security
95.21 	number, the applicant must certify that the applicant does not
95.22 	have a Social Security number.
95.23 	(b) The Social Security numbers collected by the
95.24 	commissioner on game and fish license applications are private
95.25 	data under section 13.355, subdivision 1, and must be provided
95.26 	by the commissioner to the commissioner of human services for
95.27 	child support enforcement purposes.  Title IV-D of the Social
95.28 	Security Act, United States Code, title 42, section 666(a)(13),
95.29 	requires the collection of Social Security numbers on game and
95.30 	fish license applications for child support enforcement purposes.
95.31 	(c) The commissioners of human services and natural
95.32 	resources shall request a waiver from the secretary of health
95.33 	and human services to exclude any applicant under the age of 16
95.34 	from the requirement under this section and under cross-country
95.35 	ski licensing sections to provide the applicant's Social
95.36 	Security number.  If a waiver is granted, this section will be
96.1 	so amended effective January 1, 2006, or upon the effective date
96.2 	of the waiver, whichever is later.

96.3 	Sec. 102. Minnesota Statutes 2004, section 97A.485,
96.4 	subdivision 7, is amended to read:
96.5 		Subd. 7.Electronic licensing system commission.  The
96.6 	commissioner shall retain for the operation of the electronic
96.7 	licensing system a commission of 4.7 percent of the commission
96.8 	established under section 84.027, subdivision 15, and issuing
96.9 	fees collected by the commissioner on all license fees
96.10 	collected, excluding:
96.11 	(1) the small game surcharge; and 
96.12 	(2) all issuing fees; and 
96.13 	(3) $2.50 of the license fee for the licenses in section
96.14 	97A.475, subdivisions 6, clauses (1), (2), and (4), 7, 8, 12,
96.15 	and 13.
96.16 	
EFFECTIVE DATE. This section is effective July 6, 2005.

96.17 	Sec. 103. Minnesota Statutes 2004, section 97A.551, is
96.18 	amended by adding a subdivision to read:
96.19 		Subd. 6.Tagging and registration. The commissioner may,
96.20 	by rule, require persons taking, possessing, and transporting
96.21 	certain species of fish to tag the fish with a special fish
96.22 	management tag and may require registration of tagged fish.  A
96.23 	person may not possess or transport a fish species taken in the
96.24 	state for which a special fish management tag is required unless
96.25 	a tag is attached to the fish in a manner prescribed by the
96.26 	commissioner.  The commissioner shall prescribe the manner of
96.27 	issuance and the type of tag as authorized under section
96.28 	97C.087.  The tag must be attached to the fish as prescribed by
96.29 	the commissioner immediately upon reducing the fish to
96.30 	possession and must remain attached to the fish until the fish
96.31 	is processed or consumed.  Species for which a special fish
96.32 	management tag is required must be transported undressed.

96.33 	Sec. 104. Minnesota Statutes 2004, section 97B.015,
96.34 	subdivision 7, is amended to read:
96.35 		Subd. 7.Fee for duplicate certificate.  The commissioner
96.36 	shall collect a fee, to include a $1 issuing fee for licensing
97.1 	agents,for issuing a duplicate firearms safety certificate.
97.2 	The commissioner shall establish a fee that neither
97.3 	significantly overrecovers nor underrecovers costs, including
97.4 	overhead costs, involved in providing the service.  The fee is
97.5 	not subject to the rulemaking provisions of chapter 14 and
97.6 	section 14.386 does not apply.  The commissioner may establish
97.7 	the fee notwithstanding section 16A.1283. The duplicate
97.8 	certificate fees, except for the issuing fee for licensing
97.9 	agents under this subdivision, shall be deposited in the game
97.10 	and fish fund and, except for the electronic licensing system
97.11 	commission established by the commissioner under section 84.027,
97.12 	subdivision 15, and issuing fees collected by the commissioner,
97.13 	are appropriated annually to the Enforcement Division of the
97.14 	Department of Natural Resources for the administration of the
97.15 	firearm safety course program.
97.16 	
EFFECTIVE DATE. This section is effective July 6, 2005.

97.17 	Sec. 105. Minnesota Statutes 2004, section 97B.025, is
97.18 	amended to read:
97.19 	97B.025 HUNTER AND TRAPPER EDUCATION.
97.20 	(a) The commissioner may establish education courses for
97.21 	hunters and trappers.  The commissioner shall collect a fee from
97.22 	each person attending a course.  A fee, to include a $1 issuing
97.23 	fee for licensing agents,shall be collected for issuing a
97.24 	duplicate certificate.  The commissioner shall establish the
97.25 	fees in a manner that neither significantly overrecovers nor
97.26 	underrecovers costs, including overhead costs, involved in
97.27 	providing the services.  The fees are not subject to the
97.28 	rulemaking provisions of chapter 14 and section 14.386 does not
97.29 	apply.  The commissioner may establish the fees notwithstanding
97.30 	section 16A.1283.  The fees, except for the issuing fee for
97.31 	licensing agents under this subdivision,shall be deposited in
97.32 	the game and fish fund and the amount thereof, except for the
97.33 	electronic licensing system commission established by the
97.34 	commissioner under section 84.027, subdivision 15,is
97.35 	appropriated annually to the Enforcement Division of the
97.36 	Department of Natural Resources for the administration of the
98.1 	program.  In addition to the fee established by the commissioner
98.2 	for each course, instructors may charge each person up to the
98.3 	established fee amount for class materials and expenses.  School
98.4 	districts may cooperate with the commissioner and volunteer
98.5 	instructors to provide space for the classroom portion of the
98.6 	training.
98.7 	(b) The commissioner shall enter into an agreement with a
98.8 	statewide nonprofit trappers association to conduct a trapper
98.9 	education program.  At a minimum, the program must include at
98.10 	least six hours of classroom and in the field training.  The
98.11 	program must include a review of state trapping laws and
98.12 	regulations, trapping ethics, the setting and tending of traps
98.13 	and snares, tagging and registration requirements, and the
98.14 	preparation of pelts.  The association shall be responsible for
98.15 	all costs of conducting the education program, and shall not
98.16 	charge any fee for attending the course.

98.17 	EFFECTIVE DATE. This section is effective July 6, 2005.

98.18 	Sec. 106. Minnesota Statutes 2004, section 97C.085, is
98.19 	amended to read:
98.20 	97C.085 PERMIT REQUIRED FOR TAGGING FISH.
98.21 	A person may not tag or otherwise mark a live fish for
98.22 	identification without a permit from the commissioner, except
98.23 	for special fish management tags as authorized under section
98.24 	97A.551.

98.25 	Sec. 107. [97C.087] SPECIAL FISH MANAGEMENT TAGS.
98.26 		Subdivision 1.Tags to be issued. If the commissioner
98.27 	determines it is necessary to require that a species of fish be
98.28 	tagged with a special fish management tag, the commissioner
98.29 	shall prescribe, by rule, the species to be tagged, tagging
98.30 	procedures, and eligibility requirements.
98.31 		Subd. 2.Application for tag. Application for special
98.32 	fish management tags must be accompanied by a $5, nonrefundable
98.33 	application fee for each tag.  A person may not make more than
98.34 	one tag application each year.  If a person makes more than one
98.35 	application, the person is ineligible for a special fish
98.36 	management tag for that season after determination by the
99.1 	commissioner, without a hearing.

99.2 	Sec. 108. Minnesota Statutes 2004, section 103E.081, is
99.3 	amended by adding a subdivision to read:
99.4 	Subd 2a.[PLANTING TREES OVER PUBLIC TILE.] A person must
99.5 	not knowingly plant trees over a public drain tile, unless the
99.6 	person planting the trees receives permission from the drainage
99.7 	authority.

99.8 	Sec. 109. Minnesota Statutes 2004, section 103E.081, is
99.9 	amended by adding a subdivision to read:
99.10 		Subd. 2b.Planting trees over private tile. A person
99.11 	must not knowingly plant trees over a private drain tile that
99.12 	provides for the drainage of land owned or leased by another
99.13 	person, unless the person planting the trees receives permission
99.14 	from all persons who receive drainage benefits from the drain
99.15 	tile.

99.16 	Sec. 110. [103F.950] BEAVER DAMAGE CONTROL GRANTS.
99.17 		Subdivision 1.Establishment. The Board of Water and
99.18 	Soil Resources shall establish a beaver damage control grant
99.19 	program to provide grants for the control of beaver activities
99.20 	causing damage to public waters, roads, and ditches and adjacent
99.21 	private property.  The grants may be made to:
99.22 	(1) a joint powers board established under section 471.59
99.23 	by two or more governmental units;
99.24 	(2) soil and water conservation districts; and 
99.25 	(3) Indian tribal governments.
99.26 		Subd. 2.Grant amount. The board may provide up to 50
99.27 	percent of the costs of implementing a beaver damage control
99.28 	program by a joint powers board.
99.29 		Subd. 3.Awarding of grants. Applications for grants
99.30 	must be made to the board on forms prescribed by the
99.31 	commissioner.  The board shall consult with town supervisors and
99.32 	county commissioners representing different areas of the state
99.33 	in developing the application form.  A joint powers board
99.34 	seeking a grant may be required to supply information on the
99.35 	beaver control program it has adopted, the extent of the problem
99.36 	in the geographic area covered by the joint powers agreement,
100.1 	and the ability of the joint powers board to match the state
100.2 	grant.  The board may prioritize the grant applications based
100.3 	upon the information requested as part of the grant application.
100.4 		Subd. 4.Report. (a) Within one year after receiving a
100.5 	grant under this section, a joint powers board must report to
100.6 	the Board of Water and Soil Resources on the joint powers
100.7 	board's efforts to control beaver in the area.
100.8 	(b) By December 15 of each even-numbered year, the board
100.9 	shall report to the senate and house environment and natural
100.10 	resources policy and finance committees on the efforts under
100.11 	this section to control beaver.

100.12 	Sec. 111. Minnesota Statutes 2004, section 103G.271,
100.13 	subdivision 6, is amended to read:
100.14 		Subd. 6.Water use permit processing fee.  (a) Except as
100.15 	described in paragraphs (b) to (f), a water use permit
100.16 	processing fee must be prescribed by the commissioner in
100.17 	accordance with the schedule of fees in this subdivision for
100.18 	each water use permit in force at any time during the year.  The
100.19 	schedule is as follows, with the stated fee in each clause
100.20 	applied to the total amount appropriated:
100.21 	(1) $101 for amounts not exceeding 50,000,000 gallons per
100.22 	year;
100.23 	(2) $3 per 1,000,000 gallons for amounts greater than
100.24 	50,000,000 gallons but less than 100,000,000 gallons per year;
100.25 	(3) $3.50 per 1,000,000 gallons for amounts greater than
100.26 	100,000,000 gallons but less than 150,000,000 gallons per year;
100.27 	(4) $4 per 1,000,000 gallons for amounts greater than
100.28 	150,000,000 gallons but less than 200,000,000 gallons per year;
100.29 	(5) $4.50 per 1,000,000 gallons for amounts greater than
100.30 	200,000,000 gallons but less than 250,000,000 gallons per year;
100.31 	(6) $5 per 1,000,000 gallons for amounts greater than
100.32 	250,000,000 gallons but less than 300,000,000 gallons per year;
100.33 	(7) $5.50 per 1,000,000 gallons for amounts greater than
100.34 	300,000,000 gallons but less than 350,000,000 gallons per year;
100.35 	(8) $6 per 1,000,000 gallons for amounts greater than
100.36 	350,000,000 gallons but less than 400,000,000 gallons per year;
101.1 	(9) $6.50 per 1,000,000 gallons for amounts greater than
101.2 	400,000,000 gallons but less than 450,000,000 gallons per year;
101.3 	(10) $7 per 1,000,000 gallons for amounts greater than
101.4 	450,000,000 gallons but less than 500,000,000 gallons per year;
101.5 	and
101.6 	(11) $7.50 per 1,000,000 gallons for amounts greater than
101.7 	500,000,000 gallons per year.
101.8 	(b) For once-through cooling systems, a water use
101.9 	processing fee must be prescribed by the commissioner in
101.10 	accordance with the following schedule of fees for each water
101.11 	use permit in force at any time during the year:
101.12 	(1) for nonprofit corporations and school districts, $150
101.13 	per 1,000,000 gallons; and
101.14 	(2) for all other users, $200 $300 per 1,000,000 gallons.
101.15 	(c) The fee is payable based on the amount of water
101.16 	appropriated during the year and, except as provided in
101.17 	paragraph (f), the minimum fee is $100.
101.18 	(d) For water use processing fees other than once-through
101.19 	cooling systems:
101.20 	(1) the fee for a city of the first class may not exceed
101.21 	$250,000 per year;
101.22 	(2) the fee for other entities for any permitted use may
101.23 	not exceed:
101.24 	(i) $50,000 per year for an entity holding three or fewer
101.25 	permits;
101.26 	(ii) $75,000 per year for an entity holding four or five
101.27 	permits;
101.28 	(iii) $250,000 per year for an entity holding more than
101.29 	five permits;
101.30 	(3) the fee for agricultural irrigation may not exceed $750
101.31 	per year;
101.32 	(4) the fee for a municipality that furnishes electric
101.33 	service and cogenerates steam for home heating may not exceed
101.34 	$10,000 for its permit for water use related to the cogeneration
101.35 	of electricity and steam; and
101.36 	(5) no fee is required for a project involving the
102.1 	appropriation of surface water to prevent flood damage or to
102.2 	remove flood waters during a period of flooding, as determined
102.3 	by the commissioner.
102.4 	(e) Failure to pay the fee is sufficient cause for revoking
102.5 	a permit.  A penalty of two percent per month calculated from
102.6 	the original due date must be imposed on the unpaid balance of
102.7 	fees remaining 30 days after the sending of a second notice of
102.8 	fees due.  A fee may not be imposed on an agency, as defined in
102.9 	section 16B.01, subdivision 2, or federal governmental agency
102.10 	holding a water appropriation permit.
102.11 	(f) The minimum water use processing fee for a permit
102.12 	issued for irrigation of agricultural land is $20 for years in
102.13 	which:
102.14 	(1) there is no appropriation of water under the permit; or
102.15 	(2) the permit is suspended for more than seven consecutive
102.16 	days between May 1 and October 1.
102.17 	(g) A surcharge of $20 per million gallons in addition to
102.18 	the fee prescribed in paragraph (a) shall be applied to the
102.19 	volume of water used in June, July, and August that exceeds the
102.20 	volume of water used in January for municipal water use,
102.21 	irrigation of golf courses, and landscape irrigation.

102.22 	Sec. 112. Minnesota Statutes 2004, section 103G.301,
102.23 	subdivision 2, is amended to read:
102.24 		Subd. 2.Permit application fees.  (a) An application for
102.25 	a permit authorized under this chapter, and each request to
102.26 	amend or transfer an existing permit, must be accompanied by a
102.27 	permit application fee to defray the costs of receiving,
102.28 	recording, and processing the application or request to amend or
102.29 	transfer.
102.30 	(b) The fee to apply for a permit to appropriate water, a
102.31 	permit to construct or repair a dam that is subject to dam
102.32 	safety inspection, or a state general permit or to apply for the
102.33 	state water bank program is $75 $150.  The application fee for a
102.34 	permit to work in public waters or to divert waters for mining
102.35 	must be at least $75 $150, but not more than $500 $1,000,
102.36 	according to a schedule of fees adopted under section 16A.1285.

103.1 	Sec. 113. Minnesota Statutes 2004, section 103G.615,
103.2 	subdivision 2, is amended to read:
103.3 		Subd. 2.Fees.  (a) The commissioner shall establish a
103.4 	fee schedule for permits to control or harvest aquatic plants
103.5 	other than wild rice.  The fees must be set by rule, and section
103.6 	16A.1283 does not apply.  The fees may not exceed $750 per
103.7 	permit based upon the cost of receiving, processing, analyzing,
103.8 	and issuing the permit, and additional costs incurred after the
103.9 	application to inspect and monitor the activities authorized by
103.10 	the permit, and enforce aquatic plant management rules and
103.11 	permit requirements.
103.12 	(b) The fee for a permit for the control of rooted aquatic
103.13 	vegetation is $35 for each contiguous parcel of shoreline owned
103.14 	by an owner.  This fee may not be charged for permits issued in
103.15 	connection with purple loosestrife control or lakewide Eurasian
103.16 	water milfoil control programs.
103.17 	(c) A fee may not be charged to the state or a federal
103.18 	governmental agency applying for a permit.
103.19 	(d) The money received for the permits under this
103.20 	subdivision shall be deposited in the treasury and credited to
103.21 	the game and fish fund water recreation account.

103.22 	Sec. 114. Minnesota Statutes 2004, section 103I.681,
103.23 	subdivision 11, is amended to read:
103.24 		Subd. 11.Permit fee schedule.  (a) The commissioner of
103.25 	natural resources shall adopt a permit fee schedule under
103.26 	chapter 14.  The schedule may provide minimum fees for various
103.27 	classes of permits, and additional fees, which may be imposed
103.28 	subsequent to the application, based on the cost of receiving,
103.29 	processing, analyzing, and issuing the permit, and the actual
103.30 	inspecting and monitoring of the activities authorized by the
103.31 	permit, including costs of consulting services.
103.32 	(b) A fee may not be imposed on a state or federal
103.33 	governmental agency applying for a permit.
103.34 	(c) The fee schedule may provide for the refund of a fee,
103.35 	in whole or in part, under circumstances prescribed by the
103.36 	commissioner of natural resources. Permit Fees received must be
104.1 	deposited in the state treasury and credited to the general
104.2 	fund. The amount of money necessary to pay the refunds is 
104.3 	Permit fees received are appropriated annually from the general
104.4 	fund to the commissioner of natural resources for the costs of
104.5 	inspecting and monitoring the activities authorized by the
104.6 	permit, including costs of consulting services.

104.7 	Sec. 115. Minnesota Statutes 2004, section 115.03,
104.8 	subdivision 4a, is amended to read:
104.9 		Subd. 4a.Section 401 certifications.  (a) The following
104.10 	definitions apply to this subdivision:
104.11 	(1) "section 401 certification" means a water quality
104.12 	certification required under section 401 of the federal Clean
104.13 	Water Act, United States Code, title 33, section 1341; and 
104.14 	(2) " nationwide federal general permit" means a nationwide 
104.15 	general permit issued by the United States Army Corps of
104.16 	Engineers and listed in Code of Federal Regulations, title 40,
104.17 	part 330, appendix A under section 404 of the federal Clean
104.18 	Water Act, United States Code, title 33, section 1344; and 
104.19 	(3) "professional review" means review of federal permits
104.20 	or licenses that require section 401 certification before
104.21 	issuance by professional or technical agency staff experienced
104.22 	with section 401 water quality certification.
104.23 	(b) The agency commissioner is responsible for providing
104.24 	section 401 certifications for nationwide federal permits or
104.25 	licenses that require section 401 certification before issuance
104.26 	of the federal permit or license.
104.27 	(c) Before making a final decision on a section 401
104.28 	certification for regional conditions on a nationwide federal
104.29 	general permit, the agency commissioner shall hold at least one
104.30 	public meeting outside the seven-county metropolitan area.
104.31 	(d) In addition to other notice required by law, the agency
104.32 	shall provide written notice of a meeting at which the agency
104.33 	will be considering a section 401 certification for regional
104.34 	conditions on a nationwide federal general permit at least 21
104.35 	days before the date of the meeting to the members of the senate
104.36 	and house of representatives environment and natural resources
105.1 	committees, the senate Agriculture and Rural Development
105.2 	Committee, and the house of representatives Agriculture
105.3 	Committee policy committees with jurisdiction over environment
105.4 	and agriculture.
105.5 	(e) Beginning July 1, 2005, the commissioner shall collect
105.6 	a fee on individual section 401 certifications that are not
105.7 	subject to a federal general permit or a letter of permission in
105.8 	the amount of $350 per certification and an additional $200 for
105.9 	each acre of wetland or surface water that is subject to the
105.10 	section 401 certification.  All fees collected by the
105.11 	commissioner under this section shall be deposited in the
105.12 	environmental fund and are appropriated to the agency for the
105.13 	purpose of providing professional review and notification.
105.14 	(f) A decision by the commissioner to waive review of
105.15 	section 401 certification must include a written notice to
105.16 	project applicants that they remain responsible for complying
105.17 	with all water quality standards and other applicable statutes
105.18 	and rules and that the commissioner retains the authority to
105.19 	enforce violations of applicable standards, statutes, and rules,
105.20 	including assessment of penalties.
105.21 	(g) The commissioner shall provide access to all public
105.22 	notices of applications for section 401 certification, their
105.23 	status, and the decision to certify, deny, or waive any
105.24 	application on the agency's Internet Web site, and may publish
105.25 	these documents in any other appropriate public medium.  All
105.26 	public comments must be attached to the official public record
105.27 	waiver decision and be available for review upon request.  All
105.28 	publications shall include the project's location, including
105.29 	county, township, range and section, street address, or
105.30 	directions.
105.31 	
EFFECTIVE DATE. This section is effective the day
105.32 	following final enactment.

105.33 	Sec. 116. Minnesota Statutes 2004, section 115.55,
105.34 	subdivision 5, is amended to read:
105.35 		Subd. 5.Inspection.  (a) An inspection shall be required
105.36 	for all new construction or replacement of a system to determine
106.1 	compliance with agency rule or local standards.  The manner and
106.2 	timing of inspection may be determined by the applicable local
106.3 	ordinance.  The inspection requirement may be satisfied by a
106.4 	review by the designated local official of video, electronic,
106.5 	photographic, or other evidence of compliance provided by the
106.6 	installer.
106.7 	(b) Except as provided in subdivision 5b, paragraph (b), a
106.8 	local unit of government may not issue a building permit or
106.9 	variance for the addition of a bedroom on property served by a
106.10 	system unless the system is in compliance with the applicable
106.11 	requirements, as evidenced by a certificate of compliance issued
106.12 	by a licensed inspector or site evaluator or designer.  A local
106.13 	unit of government may temporarily waive the certificate of
106.14 	compliance requirement for a building permit or variance for
106.15 	which application is made during the period from November 1 to
106.16 	April 30, provided that an inspection of the system is performed
106.17 	by the following June 1 and the applicant submits a certificate
106.18 	of compliance by the following September 30.  This paragraph
106.19 	does not apply if the local unit of government does not have an
106.20 	ordinance requiring a building permit to add a bedroom.
106.21 	(c) A certificate of compliance for an existing system is
106.22 	valid for three years from the date of issuance unless the local
106.23 	unit of government finds evidence of an imminent threat to
106.24 	public health or safety requiring removal and abatement under
106.25 	section 145A.04, subdivision 8.
106.26 	(d) A certificate of compliance for a new system is valid
106.27 	for five years from the date of issuance unless the local unit
106.28 	of government finds evidence of an imminent threat to public
106.29 	health or safety requiring removal and abatement under section
106.30 	145A.04, subdivision 8.
106.31 	(e) A licensed inspector who inspects an existing system
106.32 	may subsequently design and install a new system for that
106.33 	property, provided the inspector is licensed to install
106.34 	individual sewage treatment systems.
106.35 	(f) No system professional may use their position with
106.36 	government, either as an employee or a contractor, to solicit
107.1 	business for their private system enterprise.

107.2 	Sec. 117. Minnesota Statutes 2004, section 115.551, is
107.3 	amended to read:
107.4 	115.551 TANK FEE.
107.5 	(a) An installer shall pay a fee of $25 for each septic
107.6 	system tank installed in the previous calendar year.  The fees
107.7 	required under this section must be paid to the commissioner by
107.8 	January 30 of each year.  The revenue derived from the fee
107.9 	imposed under this section shall be deposited in the
107.10 	environmental fund and is exempt from section 16A.1285.
107.11 	(b) Notwithstanding paragraph (a), for the purposes of
107.12 	performance-based individual sewage treatment systems, the tank
107.13 	fee is limited to $25 per household system installation.

107.14 	Sec. 118. Minnesota Statutes 2004, section 115B.48,
107.15 	subdivision 8, is amended to read:
107.16 		Subd. 8.Full-time equivalence.  "Full-time equivalence"
107.17 	means 2,000 hours worked by employees, owners, and others in a
107.18 	dry cleaning facility during a 12-month period beginning July 1
107.19 	of the preceding year and running through June 30 of the year in
107.20 	which the annual registration fee is due.  For those dry
107.21 	cleaning facilities that were in business less than the 12-month
107.22 	period, full-time equivalence means the total of all of the
107.23 	hours worked in the dry cleaning facility, divided by 2,000 and
107.24 	multiplied by a fraction, the numerator of which is 50 and the
107.25 	denominator of which is the number of weeks in business during
107.26 	the reporting period. For the purposes of section 115B.49, an
107.27 	owner working 2,000 hours or more shall be considered as one
107.28 	full-time equivalent.

107.29 	Sec. 119. Minnesota Statutes 2004, section 115B.49, is
107.30 	amended by adding a subdivision to read:
107.31 		Subd. 5.Fee adjustment. Notwithstanding section
107.32 	16A.1285, each fiscal year the commissioner shall adjust the
107.33 	fees in subdivision 4 as necessary to maintain an annual income
107.34 	to the account of $650,000.

107.35 	Sec. 120. Minnesota Statutes 2004, section 116O.09,
107.36 	subdivision 1a, is amended to read:
108.1 		Subd. 1a.Board of directors.  The board of directors of
108.2 	the Agricultural Utilization Research Institute is comprised of:
108.3 	(1) the chairs of the senate and the house of
108.4 	representatives standing committees with jurisdiction over
108.5 	agriculture finance or the chair's designee;
108.6 	(2) two representatives of statewide farm organizations;
108.7 	(3) two representatives of agribusiness; and
108.8 	(4) three representatives of the commodity promotion
108.9 	councils.
108.10 	A member of the board of directors under clauses (2) to
108.11 	(4), including a member serving on July 1, 2003, may serve for a
108.12 	maximum of two three-year terms.  The board's compensation is
108.13 	governed by section 15.0575, subdivision 3.

108.14 	Sec. 121. Minnesota Statutes 2004, section 116P.05,
108.15 	subdivision 2, is amended to read:
108.16 		Subd. 2.Duties.  (a) The commission shall recommend a
108.17 	budget plan for expenditures from the environment and natural
108.18 	resources trust fund and shall adopt a strategic plan as
108.19 	provided in section 116P.08.
108.20 	(b) The commission shall recommend expenditures to the
108.21 	legislature from the state land and water conservation account
108.22 	in the natural resources fund.
108.23 	(c) It is a condition of acceptance of the appropriations
108.24 	made from the Minnesota environment and natural resources trust
108.25 	fund, and oil overcharge money under section 4.071, subdivision
108.26 	2, that the agency or entity receiving the appropriation must
108.27 	submit a work program and semiannual progress reports in the
108.28 	form determined by the Legislative Commission on Minnesota
108.29 	Resources, and comply with applicable reporting requirements
108.30 	under section 116P.16.  None of the money provided may be spent
108.31 	unless the commission has approved the pertinent work program.
108.32 	(d) The peer review panel created under section 116P.08
108.33 	must also review, comment, and report to the commission on
108.34 	research proposals applying for an appropriation from the oil
108.35 	overcharge money under section 4.071, subdivision 2.
108.36 	(e) The commission may adopt operating procedures to
109.1 	fulfill its duties under chapter 116P.
109.2 	
EFFECTIVE DATE. This section is effective for interests
109.3 	in land acquired after June 30, 2005.

109.4 	Sec. 122. [116P.16] REAL PROPERTY INTEREST REPORT.
109.5 	By December 1 each year, a recipient of an appropriation
109.6 	from the trust fund, that is used for the acquisition of an
109.7 	interest in real property, must submit annual reports on the
109.8 	status of the real property to the Legislative Commission on
109.9 	Minnesota Resources in a form determined by the commission.  The
109.10 	responsibility for reporting under this section may be
109.11 	transferred by the recipient of the appropriation to another
109.12 	person who holds the interest in the real property.  To complete
109.13 	the transfer of reporting responsibility, the recipient of the
109.14 	appropriation must:
109.15 	(1) inform the person to whom the responsibility is
109.16 	transferred of that person's reporting responsibility;
109.17 	(2) inform the person to whom the responsibility is
109.18 	transferred of the property restrictions under section 116P.15;
109.19 	and 
109.20 	(3) provide written notice to the commission of the
109.21 	transfer of reporting responsibility, including contact
109.22 	information for the person to whom the responsibility is
109.23 	transferred.
109.24 	After the transfer, the person who holds the interest in the
109.25 	real property is responsible for reporting requirements under
109.26 	this section.

109.27 	EFFECTIVE DATE. This section is effective for interests
109.28 	in land acquired after June 30, 2005.

109.29 	Sec. 123. Minnesota Statutes 2004, section 160.232, is
109.30 	amended to read:
109.31 	160.232 MOWING DITCHES OUTSIDE CITIES.
109.32 	(a) To provide enhanced roadside habitat for nesting birds
109.33 	and other small wildlife,road authorities may not mow or till
109.34 	the right-of-way of a highway located outside of a home rule
109.35 	charter or statutory city except as allowed in this section and
109.36 	section 160.23.
110.1 	(b) On any highway, the first eight feet away from the road
110.2 	surface, or shoulder if one exists, may be mowed at any time.
110.3 	(c) An entire right-of-way may be mowed after July 31.
110.4 	From August 31 to the following July 31, the entire right-of-way
110.5 	may only be mowed if necessary for safety reasons, and but may
110.6 	not be mowed to a height of less than 12 inches.
110.7 	(d) A right-of-way may be mowed as necessary to maintain
110.8 	sight distance for safety and may be mowed at other times under
110.9 	rules of the commissioner, or by ordinance of a local road
110.10 	authority not conflicting with the rules of the commissioner.
110.11 	(e) A right-of-way may be mowed, burned, or tilled to
110.12 	prepare the right-of-way for the establishment of permanent
110.13 	vegetative cover or for prairie vegetation management.
110.14 	(f) When feasible, road authorities are encouraged to
110.15 	utilize low maintenance, native vegetation that reduces the need
110.16 	to mow, provides wildlife habitat, and maintains public safety.
110.17 	(g) The commissioner of natural resources shall cooperate
110.18 	with the commissioner of transportation to provide enhanced
110.19 	roadside habitat for nesting birds and other small wildlife.

110.20 	Sec. 124. Minnesota Statutes 2004, section 168.1296,
110.21 	subdivision 1, is amended to read:
110.22 		Subdivision 1.General requirements and procedures.  (a)
110.23 	The registrar shall issue special critical habitat license
110.24 	plates to an applicant who:
110.25 	(1) is an owner or joint owner of a passenger automobile,
110.26 	pickup truck, or van, or recreational equipment;
110.27 	(2) pays a fee of $10 to cover the costs of handling and
110.28 	manufacturing the plates;
110.29 	(3) pays the registration tax required under section
110.30 	168.013;
110.31 	(4) pays the fees required under this chapter;
110.32 	(5) contributes a minimum of $30 annually to the Minnesota
110.33 	critical habitat private sector matching account established in
110.34 	section 84.943; and
110.35 	(6) complies with laws and rules governing registration and
110.36 	licensing of vehicles and drivers.
111.1 	(b) The critical habitat license application form must
111.2 	clearly indicate that the annual contribution specified under
111.3 	paragraph (a), clause (5), is a minimum contribution to receive
111.4 	the license plate and that the applicant may make an additional
111.5 	contribution to the account.
111.6 	(c) Owners of recreational equipment under paragraph (a),
111.7 	clause (1), are eligible only for special critical habitat
111.8 	license plates for which the designs are selected under
111.9 	subdivision 2, on or after January 1, 2006.
111.10 	(d) Special critical habitat license plates, the designs
111.11 	for which are selected under subdivision 2, on or after January
111.12 	1, 2006, may be personalized according to section 168.12,
111.13 	subdivision 2a.

111.14 	Sec. 125. Minnesota Statutes 2004, section 223.17,
111.15 	subdivision 3, is amended to read:
111.16 		Subd. 3.Grain buyers and storage account; fees.  The
111.17 	commissioner shall set the fees for inspections under sections
111.18 	223.15 to 223.22 at levels necessary to pay the expenses of
111.19 	administering and enforcing sections 223.15 to 223.22.
111.20 	The fee for any license issued or renewed after June 30,
111.21 	2001 2005, shall be set according to the following schedule:
111.22 	(a) $125 $140 plus $100 $110 for each additional location
111.23 	for grain buyers whose gross annual purchases are less than
111.24 	$100,000;
111.25 	(b) $250 $275 plus $100 $110 for each additional location
111.26 	for grain buyers whose gross annual purchases are at least
111.27 	$100,000, but not more than $750,000;
111.28 	(c) $375 $415 plus $200 $220 for each additional location
111.29 	for grain buyers whose gross annual purchases are more than
111.30 	$750,000 but not more than $1,500,000;
111.31 	(d) $500 $550 plus $200 $220 for each additional location
111.32 	for grain buyers whose gross annual purchases are more than
111.33 	$1,500,000 but not more than $3,000,000; and
111.34 	(e) $625 $700 plus $200 $220 for each additional location
111.35 	for grain buyers whose gross annual purchases are more than
111.36 	$3,000,000.
112.1 	A penalty amount not to exceed ten percent of the fees due
112.2 	may be imposed by the commissioner for each month for which the
112.3 	fees are delinquent.
112.4 	There is created the grain buyers and storage account in
112.5 	the agricultural fund.  Money collected pursuant to sections
112.6 	223.15 to 223.19 shall be paid into the state treasury and
112.7 	credited to the grain buyers and storage account and is
112.8 	appropriated to the commissioner for the administration and
112.9 	enforcement of sections 223.15 to 223.22.

112.10 	Sec. 126. Minnesota Statutes 2004, section 231.16, is
112.11 	amended to read:
112.12 	231.16 WAREHOUSE OPERATOR OR HOUSEHOLD GOODS WAREHOUSE
112.13 	OPERATOR TO OBTAIN LICENSE.
112.14 	A warehouse operator or household goods warehouse operator
112.15 	must be licensed annually by the department.  The department
112.16 	shall prescribe the form of the written application.  If the
112.17 	department approves the license application and the applicant
112.18 	files with the department the necessary bond, in the case of
112.19 	household goods warehouse operators, or proof of warehouse
112.20 	operators legal liability insurance coverage in an amount of
112.21 	$50,000 or more, as provided for in this chapter, the department
112.22 	shall issue the license upon payment of the license fee required
112.23 	in this section.  A warehouse operator or household goods
112.24 	warehouse operator to whom a license is issued shall pay a fee
112.25 	as follows:
112.26 	Building square footage used for public storage
112.27 	(1) 5,000 or less $100 $110 
112.28 	            (2) 5,001 to 10,000 $200 $220 
112.29 	            (3) 10,001 to 20,000 $300 $330 
112.30 	            (4) 20,001 to 100,000 $400 $440 
112.31 	            (5) 100,001 to 200,000 $500 $550 
112.32 	            (6) over 200,000 $600 $660 
112.33 	A penalty amount not to exceed ten percent of the fees due
112.34 	may be imposed by the commissioner for each month for which the
112.35 	fees are delinquent.
112.36 	Fees collected under this chapter must be paid into the
113.1 	grain buyers and storage account established in section 232.22.
113.2 	The license must be renewed annually on or before July 1,
113.3 	and always upon payment of the full license fee required in this
113.4 	section.  No license shall be issued for any portion of a year
113.5 	for less than the full amount of the license fee required in
113.6 	this section.  Each license obtained under this chapter must be
113.7 	publicly displayed in the main office of the place of business
113.8 	of the warehouse operator or household goods warehouse operator
113.9 	to whom it is issued.  The license authorizes the warehouse
113.10 	operator or household goods warehouse operator to carry on the
113.11 	business of warehousing only in the one city or town named in
113.12 	the application and in the buildings therein described.  The
113.13 	department, without requiring an additional bond and license,
113.14 	may issue permits from time to time to any warehouse operator
113.15 	already duly licensed under the provisions of this chapter to
113.16 	operate an additional warehouse in the same city or town for
113.17 	which the original license was issued during the term thereof,
113.18 	upon the filing an application for a permit in the form
113.19 	prescribed by the department.
113.20 	A license may be refused for good cause shown and revoked
113.21 	by the department for violation of law or of any rule adopted by
113.22 	the department, upon notice and after hearing.

113.23 	Sec. 127. Minnesota Statutes 2004, section 232.22,
113.24 	subdivision 3, is amended to read:
113.25 		Subd. 3.Fees; grain buyers and storage account.  There
113.26 	is created in the agricultural fund an account known as the
113.27 	grain buyers and storage account.  The commissioner shall set
113.28 	the fees for inspections, certifications and licenses under
113.29 	sections 232.20 to 232.25 at levels necessary to pay the costs
113.30 	of administering and enforcing sections 232.20 to 232.25.  All
113.31 	money collected pursuant to sections 232.20 to 232.25 and
113.32 	chapters 233 and 236 shall be paid by the commissioner into the
113.33 	state treasury and credited to the grain buyers and storage
113.34 	account and is appropriated to the commissioner for the
113.35 	administration and enforcement of sections 232.20 to 232.25 and
113.36 	chapters 233 and 236.  All money collected pursuant to chapter
114.1 	231 shall be paid by the commissioner into the grain buyers and
114.2 	storage account and is appropriated to the commissioner for the
114.3 	administration and enforcement of chapter 231.
114.4 	The fees for a license to store grain are as follows:
114.5 	(a) For a license to store grain, $110 for each home rule
114.6 	charter or statutory city or town in which a public grain
114.7 	warehouse is operated.
114.8 	(b) A person with a license to store grain in a public
114.9 	grain warehouse is subject to an examination fee for each
114.10 	licensed location, based on the following schedule for one
114.11 	examination:
114.12 	Bushel Capacity Examination Fee
114.13 	     Less than 150,001 $300
114.14 	     150,001 to 250,000 $425
114.15 	     250,001 to 500,000 $545
114.16 	     500,001 to 750,000 $700
114.17 	     750,001 to 1,000,000 $865
114.18 	     1,000,001 to 1,200,000 $1,040
114.19 	     1,200,001 to 1,500,000 $1,205
114.20 	     1,500,001 to 2,000,000 $1,380
114.21 	     More than 2,000,000 $1,555 
114.22 	(c) The fee for the second examination is $55 per hour per
114.23 	examiner for warehouse operators who choose to have it performed
114.24 	by the commissioner.
114.25 	(d) A penalty amount not to exceed ten percent of the fees
114.26 	due may be imposed by the commissioner for each month for which
114.27 	the fees are delinquent.

114.28 	Sec. 128. Minnesota Statutes 2004, section 236.02,
114.29 	subdivision 4, is amended to read:
114.30 		Subd. 4.Fees. The license fee is $140 for each home
114.31 	rule charter or statutory city or town in which a private grain
114.32 	warehouse is operated and which will be used to operate a grain
114.33 	bank.  A penalty amount not to exceed ten percent of the fees
114.34 	due may be imposed by the commissioner for each month for which
114.35 	the fees are delinquent.The license fee must be set by the
114.36 	commissioner in an amount sufficient to cover the costs of
115.1 	administering and enforcing this chapter.  Fees collected under
115.2 	this chapter must be paid into the grain buyers and storage
115.3 	account established in section 232.22.

115.4 	Sec. 129. Minnesota Statutes 2004, section 282.08, is
115.5 	amended to read:
115.6 	282.08 APPORTIONMENT OF PROCEEDS TO TAXING DISTRICTS.
115.7 	The net proceeds from the sale or rental of any parcel of
115.8 	forfeited land, or from the sale of products from the forfeited
115.9 	land, must be apportioned by the county auditor to the taxing
115.10 	districts interested in the land, as follows:
115.11 	(1) the amounts necessary to pay the state general tax levy
115.12 	against the parcel for taxes payable in the year for which the
115.13 	tax judgment was entered, and for each subsequent payable year
115.14 	up to and including the year of forfeiture, must be apportioned
115.15 	to the state;
115.16 	(2) the portion required to pay any amounts included in the
115.17 	appraised value under section 282.01, subdivision 3, as
115.18 	representing increased value due to any public improvement made
115.19 	after forfeiture of the parcel to the state, but not exceeding
115.20 	the amount certified by the clerk of the municipality must be
115.21 	apportioned to the municipal subdivision entitled to it;
115.22 	(3) the portion required to pay any amount included in the
115.23 	appraised value under section 282.019, subdivision 5,
115.24 	representing increased value due to response actions taken after
115.25 	forfeiture of the parcel to the state, but not exceeding the
115.26 	amount of expenses certified by the Pollution Control Agency or
115.27 	the commissioner of agriculture, must be apportioned to the
115.28 	agency or the commissioner of agriculture and deposited in the
115.29 	fund from which the expenses were paid;
115.30 	(4) the portion of the remainder required to discharge any
115.31 	special assessment chargeable against the parcel for drainage or
115.32 	other purpose whether due or deferred at the time of forfeiture,
115.33 	must be apportioned to the municipal subdivision entitled to it;
115.34 	and
115.35 	(5) any balance must be apportioned as follows:
115.36 	(i) The county board may annually by resolution set aside
116.1 	no more than 30 percent of the receipts remaining to be used for
116.2 	timber forest development on tax-forfeited land and dedicated
116.3 	memorial forests, to be expended under the supervision of the
116.4 	county board.  It must be expended only on projects approved by
116.5 	the commissioner of natural resources improving the health and
116.6 	management of the forest resource.
116.7 	(ii) The county board may annually by resolution set aside
116.8 	no more than 20 percent of the receipts remaining to be used for
116.9 	the acquisition and maintenance of county parks or recreational
116.10 	areas as defined in sections 398.31 to 398.36, to be expended
116.11 	under the supervision of the county board.
116.12 	(iii) Any balance remaining must be apportioned as
116.13 	follows:  county, 40 percent; town or city, 20 percent; and
116.14 	school district, 40 percent, provided, however, that in
116.15 	unorganized territory that portion which would have accrued to
116.16 	the township must be administered by the county board of
116.17 	commissioners.

116.18 	Sec. 130. Minnesota Statutes 2004, section 282.38,
116.19 	subdivision 1, is amended to read:
116.20 		Subdivision 1.Development.  In any county where the
116.21 	county board by proper resolution sets aside funds for timber 
116.22 	forest development pursuant to section 282.08,
116.23 	clause (3)(a) (5), item (i), or section 459.06, subdivision 2,
116.24 	the Commission commissioner of Iron Range resources and
116.25 	rehabilitation with the approval of the board may upon request
116.26 	of the county board assist said county in carrying out any
116.27 	project for the long range development of its timber forest 
116.28 	resources through matching of funds or otherwise, provided that
116.29 	any such project shall first be approved by the commissioner of
116.30 	natural resources.

116.31 	Sec. 131. Minnesota Statutes 2004, section 296A.18,
116.32 	subdivision 2, is amended to read:
116.33 		Subd. 2.Motorboat.  Approximately 1-1/2 percent of all
116.34 	gasoline received in this state and 1-1/2 percent of all
116.35 	gasoline produced or brought into this state, except gasoline
116.36 	used for aviation purposes, is being used as fuel for the
117.1 	operation of motorboats on the waters of this state and of the
117.2 	total revenue derived from the imposition of the gasoline fuel
117.3 	tax for uses other than for aviation purposes, 1-1/2 percent of
117.4 	such revenues the revenue is the amount of tax on fuel used in
117.5 	motorboats operated on the waters of this state.  The amount of
117.6 	unrefunded tax paid on gasoline used for motor boat purposes as
117.7 	computed in this chapter shall be paid into the state treasury
117.8 	and credited to a water recreation account in the special
117.9 	revenue fund for acquisition, development, maintenance, and
117.10 	rehabilitation of sites for public access and boating facilities
117.11 	on public waters; lake and river improvement; state park
117.12 	development;and boat and water safety.

117.13 	Sec. 132. Minnesota Statutes 2004, section 462.357,
117.14 	subdivision 1e, is amended to read:
117.15 		Subd. 1e.Nonconformities. (a) Any nonconformity,
117.16 	including the lawful use or occupation of land or premises
117.17 	existing at the time of the adoption of an additional control
117.18 	under this chapter, may be continued, including through repair,
117.19 	replacement, restoration, maintenance, or improvement, but not
117.20 	including expansion, unless:
117.21 	(1) the nonconformity or occupancy is discontinued for a
117.22 	period of more than one year; or
117.23 	(2) any nonconforming use is destroyed by fire or other
117.24 	peril to the extent of greater than 50 percent of its market
117.25 	value, and no building permit has been applied for within 180
117.26 	days of when the property is damaged.  In this case, a
117.27 	municipality may impose reasonable conditions upon a building
117.28 	permit in order to mitigate any newly created impact on adjacent
117.29 	property.
117.30 	(b) Any subsequent use or occupancy of the land or premises
117.31 	shall be a conforming use or occupancy.  A municipality may, by
117.32 	ordinance, permit an expansion or impose upon nonconformities
117.33 	reasonable regulations to prevent and abate nuisances and to
117.34 	protect the public health, welfare, or safety.  This subdivision
117.35 	does not prohibit a municipality from enforcing an ordinance
117.36 	that applies to adults-only bookstores, adults-only theaters, or
118.1 	similar adults-only businesses, as defined by ordinance.
118.2 	(c) Notwithstanding paragraph (a), a municipality shall
118.3 	regulate the repair, replacement, maintenance, improvement, or
118.4 	expansion of nonconforming uses and structures in floodplain
118.5 	areas to the extent necessary to maintain eligibility in the
118.6 	National Flood Insurance Program and not increase flood damage
118.7 	potential or increase the degree of obstruction to flood flows
118.8 	in the floodway.

118.9 	Sec. 133. [473.1565] METROPOLITAN AREA WATER SUPPLY
118.10 	PLANNING ACTIVITIES; ADVISORY COMMITTEE.
118.11 		Subdivision 1.Planning activities. (a) The Metropolitan
118.12 	Council must carry out planning activities addressing the water
118.13 	supply needs of the metropolitan area as defined in section
118.14 	473.121, subdivision 2.  The planning activities must include,
118.15 	at a minimum:
118.16 	(1) development and maintenance of a base of technical
118.17 	information needed for sound water supply decisions including
118.18 	surface and groundwater availability analyses, water demand
118.19 	projections, water withdrawal and use impact analyses, modeling,
118.20 	and similar studies;
118.21 	(2) development and periodic update of a metropolitan area
118.22 	master water supply plan that:
118.23 	(i) provides guidance for local water supply systems and
118.24 	future regional investments;
118.25 	(ii) emphasizes conservation, interjurisdictional
118.26 	cooperation, and long-term sustainability; and 
118.27 	(iii) addresses the reliability, security, and
118.28 	cost-effectiveness of the metropolitan area water supply system
118.29 	and its local and subregional components;
118.30 	(3) recommendations for clarifying the appropriate roles
118.31 	and responsibilities of local, regional, and state government in
118.32 	metropolitan area water supply;
118.33 	(4) recommendations for streamlining and consolidating
118.34 	metropolitan area water supply decision-making and approval
118.35 	processes; and 
118.36 	(5) recommendations for the ongoing and long-term funding
119.1 	of metropolitan area water supply planning activities and
119.2 	capital investments.
119.3 	(b) The council must carry out the planning activities in
119.4 	this subdivision in consultation with the metropolitan area
119.5 	water supply advisory committee established in subdivision 2.
119.6 		Subd. 2.Advisory committee. (a) A metropolitan area
119.7 	water supply advisory committee is established to assist the
119.8 	council in its planning activities in subdivision 1.  The
119.9 	advisory committee has the following membership:
119.10 	(1) the commissioner of agriculture or the commissioner's
119.11 	designee;
119.12 	(2) the commissioner of health or the commissioner's
119.13 	designee;
119.14 	(3) the commissioner of natural resources or the
119.15 	commissioner's designee;
119.16 	(4) the commissioner of the Pollution Control Agency or the
119.17 	commissioner's designee;
119.18 	(5) two officials of counties that are located in the
119.19 	metropolitan area, appointed by the governor;
119.20 	(6) six officials of noncounty local governmental units
119.21 	that are located in the metropolitan area, appointed by the
119.22 	governor; and 
119.23 	(7) the chair of the Metropolitan Council or the chair's
119.24 	designee, who is chair of the advisory committee.
119.25 	(b) Members of the advisory committee appointed by the
119.26 	governor serve at the pleasure of the governor and their terms
119.27 	end with the term of the governor.  Members of the advisory
119.28 	committee serve without compensation but may be reimbursed for
119.29 	their reasonable expenses as determined by the Metropolitan
119.30 	Council.  The advisory committee does not expire until repealed
119.31 	by law.
119.32 		Subd. 3.Reports to legislature. The council must submit
119.33 	reports to the legislature regarding its continuing planning
119.34 	activities under subdivision 1.  The first report must be
119.35 	submitted to the legislature by the date the legislature
119.36 	convenes in 2007 and subsequent reports must be submitted by
120.1 	such date every five years thereafter.
120.2 	
EFFECTIVE DATE. This section is effective the day
120.3 	following final enactment.

120.4 	Sec. 134. Minnesota Statutes 2004, section 473.197,
120.5 	subdivision 4, is amended to read:
120.6 		Subd. 4.Debt reserve; levy.  To provide money to pay
120.7 	debt service on bonds issued under the credit enhancement
120.8 	program if pledged revenues are insufficient to pay debt service 
120.9 	in repealed subdivision 1 of Minnesota Statutes 2004, section
120.10 	473.197, the council must maintain a debt reserve fund in the
120.11 	manner and with the effect provided by section 118A.04 for
120.12 	public funds until the reserve is no longer pledged or otherwise
120.13 	needed to pay debt service on such bonds. To provide funds for
120.14 	the debt reserve fund, the council may use up to $3,000,000 of
120.15 	the proceeds of solid waste bonds issued by the council under
120.16 	section 473.831 before its repeal.  To provide additional funds
120.17 	for the debt reserve fund, the council may levy a tax on all
120.18 	taxable property in the metropolitan area and must levy the tax 
120.19 	If sums in the debt reserve fund are insufficient to cure any
120.20 	deficiency in the debt service fund established for the bonds,
120.21 	the council must levy a tax on all taxable property in the
120.22 	metropolitan area in the amount needed to liquidate the
120.23 	deficiency.  The tax authorized by this section does not affect
120.24 	the amount or rate of taxes that may be levied by the council
120.25 	for other purposes and is not subject to limit as to rate or
120.26 	amount.
120.27 	
EFFECTIVE DATE. This section is effective the day
120.28 	following final enactment.

120.29 	Sec. 135. Laws 2003, chapter 128, article 1, section 9,
120.30 	subdivision 6, is amended to read:
120.31 		Subd. 6.Recreation                   7,622,000      5,870,000
120.32 	Summary by Fund
120.33 	Trust Fund            5,622,000     5,870,000
120.34 	State Land and Conservation
120.35 	Account (LAWCON)      2,000,000
120.36 	(a) State Park and Recreation Area Land
120.37 	Acquisition
121.1 	$750,000 the first year and $750,000
121.2 	the second year are from the trust fund
121.3 	to the commissioner of natural
121.4 	resources to acquire in-holdings for
121.5 	state park and recreation areas.  Land
121.6 	acquired with this appropriation must
121.7 	be sufficiently improved to meet at
121.8 	least minimum management standards as
121.9 	determined by the commissioner of
121.10 	natural resources.  This appropriation
121.11 	is available until June 30, 2006, at
121.12 	which time the project must be
121.13 	completed and final products delivered,
121.14 	unless an earlier date is specified in
121.15 	the work program.
121.16 	(b) LAWCON Federal Reimbursements
121.17 	$2,000,000 is from the state land and
121.18 	water conservation account (LAWCON) in
121.19 	the natural resources fund to the
121.20 	commissioner of natural resources for
121.21 	eligible state projects and
121.22 	administrative and planning activities
121.23 	consistent with Minnesota Statutes,
121.24 	section 116P.14, and the federal Land
121.25 	and Water Conservation Fund Act.  This
121.26 	appropriation is contingent upon
121.27 	receipt of the federal obligation and
121.28 	remains available until June 30, 2006,
121.29 	at which time the project must be
121.30 	completed and final products delivered,
121.31 	unless an earlier date is specified in
121.32 	the work program.
121.33 	(c) Local Initiative Grants-Parks and
121.34 	Natural Areas
121.35 	$1,290,000 the first year and
121.36 	$1,289,000 the second year are from the
121.37 	trust fund to the commissioner of
121.38 	natural resources for matching grants
121.39 	to local governments for acquisition
121.40 	and development of natural and scenic
121.41 	areas and local parks as provided in
121.42 	Minnesota Statutes, section 85.019,
121.43 	subdivisions 2 and 4a, and regional
121.44 	parks outside of the metropolitan
121.45 	area.  Grants may provide up to 50
121.46 	percent of the nonfederal share of the
121.47 	project cost, except nonmetropolitan
121.48 	regional park grants may provide up to
121.49 	60 percent of the nonfederal share of
121.50 	the project cost.  The commission will
121.51 	monitor the grants for approximate
121.52 	balance over extended periods of time
121.53 	between the metropolitan area, under
121.54 	Minnesota Statutes, section 473.121,
121.55 	subdivision 2, and the nonmetropolitan
121.56 	area through work program oversight and
121.57 	periodic allocation decisions.  For the
121.58 	purposes of this paragraph, the match
121.59 	must be a nonstate contribution, but
121.60 	may be either cash or qualifying
121.61 	in-kind.  Recipients may receive
121.62 	funding for more than one project in
121.63 	any given grant period.  This
121.64 	appropriation is available until June
121.65 	30, 2006, at which time the project
121.66 	must be completed and final products
121.67 	delivered.
122.1 	(d) Metropolitan Regional Parks
122.2 	Acquisition, Rehabilitation, and
122.3 	Development
122.4 	$1,670,000 the first year and
122.5 	$1,669,000 the second year are from the
122.6 	trust fund to the commissioner of
122.7 	natural resources for an agreement with
122.8 	the metropolitan council for subgrants
122.9 	for the acquisition, development, and
122.10 	rehabilitation in the metropolitan
122.11 	regional park system, consistent with
122.12 	the metropolitan council regional
122.13 	recreation open space capital
122.14 	improvement plan.  This appropriation
122.15 	may not be used for the purchase of
122.16 	residential structures.  This
122.17 	appropriation may be used to reimburse
122.18 	implementing agencies for acquisition
122.19 	of nonresidential property as expressly
122.20 	approved in the work program.  This
122.21 	appropriation is available until June
122.22 	30, 2006, at which time the project
122.23 	must be completed and final products
122.24 	delivered, unless an earlier date is
122.25 	specified in the work program.  In
122.26 	addition, if a project financed under
122.27 	this program receives a federal grant,
122.28 	the availability of the financing from
122.29 	this paragraph for that project is
122.30 	extended to equal the period of the
122.31 	federal grant.
122.32 	(e) Local and Regional Trail Grant
122.33 	Initiative Program
122.34 	$160,000 the first year and $160,000
122.35 	the second year are from the trust fund
122.36 	to the commissioner of natural
122.37 	resources to provide matching grants to
122.38 	local units of government for the cost
122.39 	of acquisition, development,
122.40 	engineering services, and enhancement
122.41 	of existing and new trail facilities.
122.42 	This appropriation is available until
122.43 	June 30, 2006, at which time the
122.44 	project must be completed and final
122.45 	products delivered, unless an earlier
122.46 	date is specified in the work program.
122.47 	In addition, if a project financed
122.48 	under this program receives a federal
122.49 	grant, the availability of the
122.50 	financing from this paragraph for that
122.51 	project is extended to equal the period
122.52 	of the federal grant.
122.53 	(f) Gitchi-Gami State Trail
122.54 	$650,000 the first year and $650,000
122.55 	the second year are from the trust fund
122.56 	to the commissioner of natural
122.57 	resources, in cooperation with the
122.58 	Gitchi-Gami Trail Association, for the
122.59 	third biennium, to design and construct
122.60 	approximately five miles of Gitchi-Gami
122.61 	state trail segments.  This
122.62 	appropriation must be matched by at
122.63 	least $400,000 of nonstate money.  The
122.64 	availability of the financing from this
122.65 	paragraph is extended to equal the
122.66 	period of any federal money received.
123.1 	(g) Water Recreation:  Boat Access,
123.2 	Fishing Piers, and Shore-fishing
123.3 	$450,000 the first year and $700,000
123.4 	the second year are from the trust fund
123.5 	to the commissioner of natural
123.6 	resources to acquire and develop public
123.7 	water access sites statewide, construct
123.8 	shore-fishing and pier sites, and
123.9 	restore shorelands at public accesses.
123.10 	This appropriation is available until
123.11 	June 30, 2006, at which time the
123.12 	project must be completed and final
123.13 	products delivered, unless an earlier
123.14 	date is specified in the work program.
123.15 	(h) Mesabi Trail
123.16 	$190,000 the first year and $190,000
123.17 	the second year are from the trust fund
123.18 	to the commissioner of natural
123.19 	resources for an agreement with St.
123.20 	Louis and Lake Counties Regional Rail
123.21 	Authority for the sixth biennium to
123.22 	acquire and develop segments of the
123.23 	Mesabi trail.  If a federal grant is
123.24 	received, the availability of the
123.25 	financing from this paragraph is
123.26 	extended to equal the period of the
123.27 	federal grant.
123.28 	(i) Linking Communities Design,
123.29 	Technology, and DNR Trail Resources
123.30 	$92,000 the first year and $92,000 the
123.31 	second year are from the trust fund to
123.32 	the commissioner of natural resources
123.33 	for an agreement with the University of
123.34 	Minnesota to provide designs for up to
123.35 	three state trails incorporating
123.36 	recreation, natural, and cultural
123.37 	features.
123.38 	(j) Ft. Ridgley Historic Site
123.39 	Interpretive Trail
123.40 	$75,000 the first year and $75,000 the
123.41 	second year are from the trust fund to
123.42 	the Minnesota historical society to
123.43 	construct a trail through the original
123.44 	fort site and install interpretive
123.45 	markers.  This appropriation is
123.46 	available until June 30, 2006, at which
123.47 	time the project must be completed and
123.48 	final products delivered, unless an
123.49 	earlier date is specified in the work
123.50 	program.
123.51 	(k) Development and Rehabilitation of
123.52 	Minnesota Shooting Ranges
123.53 	$120,000 the first year and $120,000
123.54 	the second year are from the trust fund
123.55 	to the commissioner of natural
123.56 	resources to provide technical
123.57 	assistance and matching cost-share
123.58 	grants to local recreational shooting
123.59 	and archery clubs for the purpose of
123.60 	developing or rehabilitating shooting
123.61 	and archery facilities for public use.
123.62 	Recipient facilities must be open to
124.1 	the general public at reasonable times
124.2 	and for a reasonable fee on a walk-in
124.3 	basis.  This appropriation is available
124.4 	until June 30, 2006, at which time the
124.5 	project must be completed and final
124.6 	products delivered, unless an earlier
124.7 	date is specified in the work program.
124.8 	(l) Land Acquisition, Minnesota
124.9 	Landscape Arboretum
124.10 	$175,000 the first year and $175,000
124.11 	the second year are from the trust fund
124.12 	to the University of Minnesota for an
124.13 	agreement with the University of
124.14 	Minnesota Landscape Arboretum
124.15 	Foundation for the fifth biennium to
124.16 	acquire in-holdings within the
124.17 	arboretum's boundary land from willing
124.18 	sellers.  This appropriation must be
124.19 	matched by an equal amount of nonstate
124.20 	money.  This appropriation is available
124.21 	until June 30, 2006, at which time the
124.22 	project must be completed and final
124.23 	products delivered, unless an earlier
124.24 	date is specified in the work program.

124.25 	Sec. 136. CONTINUATION OF AGREEMENTS.
 124.26 	An agreement entered into between the Metropolitan Council
124.27 	and a participant in the credit enhancement program under
124.28 	Minnesota Statutes 2004, section 473.197, subdivision 5, with
124.29 	respect to bonds issued prior to the effective date of this
124.30 	section, shall continue in effect in accordance with its terms;
124.31 	provided that no provision in the agreement shall be construed
124.32 	to require or allow the council to pledge its full faith and
124.33 	credit and taxing powers to the payment of additional bonds
124.34 	issued after the effective date of this section.

124.35 	EFFECTIVE DATE. This section is effective the day
124.36 	following final enactment.

124.37 	Sec. 137. USE OF CREDIT ENHANCEMENT PROGRAM FUNDS.
 124.38 	The Metropolitan Council must transfer any funds
124.39 	originating from the proceeds of solid waste bonds and available
124.40 	for the credit enhancement program under Minnesota Statutes
124.41 	2004, section 473.197, subdivision 4, to the council's general
124.42 	fund to the extent that the funds are no longer pledged or
124.43 	otherwise needed by the council to maintain a debt reserve fund
124.44 	as provided for in ongoing Minnesota Statutes, section 473.197,
124.45 	subdivision 4.  The council must first use the transferred funds
124.46 	for carrying out the metropolitan area water supply planning
125.1 	activities required by Minnesota Statutes, section 473.1565, for
125.2 	staff support of the advisory committee established under that
125.3 	section, and for related purposes.  If the council determines
125.4 	that the transferred funds are no longer needed for those
125.5 	purposes, the council may use any of the funds for any general
125.6 	purposes of the council.

125.7 	EFFECTIVE DATE. This section is effective the day
125.8 	following final enactment.

125.9 	Sec. 138. TRANSFER OF FUNDS; DEPOSIT OF REPAYMENTS.
 125.10 	The remaining balances in the revolving accounts in
125.11 	Minnesota Statutes, sections 41B.046 and 41B.049, that are
125.12 	dedicated to rural finance authority loan programs under those
125.13 	sections, are transferred to the revolving loan account
125.14 	established in Minnesota Statutes, section 41B.06, on the
125.15 	effective date of this section.  All future receipts from
125.16 	value-added agricultural product loans and methane digester
125.17 	loans originated under Minnesota Statutes, sections 41B.046 and
125.18 	41B.049, must be deposited in the revolving loan account
125.19 	established in Minnesota Statutes, section 41B.06.

125.20 	Sec. 139. REPEALER.
 125.21 	(a) Minnesota Statutes 2004, sections 18B.065, subdivision
125.22 	5; 19.64, subdivision 4a; 41B.046, subdivision 3; 84.901; and
125.23 	115B.49, subdivision 4a, are repealed.
125.24 	(b) Minnesota Statutes 2004, sections 473.156; and 473.197,
125.25 	subdivisions 1, 2, 3, and 5, are repealed effective the day
125.26 	following final enactment.

125.27 	ARTICLE 2
125.28 	ECONOMIC DEVELOPMENT

125.29 	Section 1. ECONOMIC DEVELOPMENT APPROPRIATIONS.
 125.30 	The sums in the columns marked "APPROPRIATIONS" are added
125.31 	to, or, if shown in parentheses, are subtracted from the
125.32 	appropriations to the specified agencies in 2005 S.F. No. 1879,
125.33 	article 5, if enacted.  The appropriations are from the general
125.34 	fund, unless another fund is named, and are available for the
125.35 	fiscal year indicated for each purpose.  The figures "2006" and
125.36 	"2007," where used in this article, mean that the additions to
126.1 	or subtractions from the appropriations listed under them are
126.2 	for the fiscal year ending June 30, 2006, or June 30, 2007,
126.3 	respectively.  The "first year" is fiscal year 2006.  The
126.4 	"second year" is fiscal year 2007.  The "biennium" is fiscal
126.5 	years 2006 and 2007.
126.6 	SUMMARY BY FUND
126.7 	2006          2007           TOTAL
126.8 	General            $    9,188,000 $    2,713,000 $   11,901,000
126.9 	Workers'
126.10 	Compensation               25,000         25,000         50,000
126.11 	Workforce
126.12 	Development             5,000,000      7,950,000     12,950,000
126.13 	Special Revenue           643,000        848,000      1,491,000
126.14 	TOTAL              $   14,856,000 $   11,536,000 $   26,392,000
126.15 	APPROPRIATIONS
126.16 	                                       Available for the Year
126.17 	                                           Ending June 30
126.18 	                                          2006         2007

126.19 	Sec. 2. EMPLOYMENT AND
126.20 	ECONOMIC DEVELOPMENT
 126.21 		Subdivision 1.Total
126.22 	Appropriation                     $   12,078,000 $    6,558,000
126.23 	Summary by Fund
126.24 	General               7,935,000       460,000
126.25 	Workforce
126.26 	Development           2,750,000     4,500,000
126.27 	Special
126.28 	Revenue                 643,000       848,000
126.29 	The amounts that may be spent from this
126.30 	appropriation for each program are
126.31 	specified in the following subdivisions.
126.32 		Subd. 2.Business and Community
126.33 	Development
126.34 	7,930,000        455,000
126.35 	$7,000,000 the first year is for the
126.36 	direct and indirect expenses of the
126.37 	collaborative research partnership
126.38 	between the University of Minnesota and
126.39 	the Mayo Foundation for research in
126.40 	biotechnology and medical genomics.
126.41 	This is a onetime appropriation.  An
126.42 	annual report on the expenditure of
126.43 	this appropriation must be submitted to
126.44 	the governor and the chairs of the
126.45 	senate Higher Education Budget
126.46 	Division, the house of representatives
126.47 	Higher Education Finance Committee, the
126.48 	senate Environment, Agriculture, and
126.49 	Economic Development Budget Division,
127.1 	and the house of representatives Jobs
127.2 	and Economic Opportunity Policy and
127.3 	Finance Committee, by June 30 of each
127.4 	fiscal year until the appropriation is
127.5 	expended.  This appropriation is
127.6 	available until expended.
127.7 	$100,000 the first year and $100,000
127.8 	the second year are to help small
127.9 	businesses access federal funds through
127.10 	the federal Small Business Innovation
127.11 	Research Program and the federal Small
127.12 	Business Technology Transfer Program.
127.13 	Department services must include
127.14 	maintaining connections to 11 federal
127.15 	programs, assessment of specific
127.16 	funding opportunities, review of
127.17 	funding proposals, referral to specific
127.18 	consulting services, and training
127.19 	workshops throughout the state.  The
127.20 	appropriation is added to the agency's
127.21 	base.  The department must implement
127.22 	fees for services that help companies
127.23 	seek federal Phase II Small Business
127.24 	Innovation Research grants.  The
127.25 	recommended fee schedule must be
127.26 	reported to the chairs of the house of
127.27 	representatives finance committee and
127.28 	senate budget division with
127.29 	jurisdiction over economic development
127.30 	by February 1, 2006.
127.31 	$50,000 the first year and $50,000 the
127.32 	second year are for a grant to the
127.33 	Minnesota Inventors Congress.
127.34 	$250,000 the first year and $250,000
127.35 	the second year are to establish a
127.36 	methamphetamine laboratory cleanup
127.37 	revolving loan fund pursuant to
127.38 	proposed Minnesota Statutes, section
127.39 	446A.083.  This appropriation is
127.40 	available until spent.
127.41 	$125,000 the first year is for a grant
127.42 	to the Northwest Regional Development
127.43 	Commission at Warren to do field
127.44 	research on the planting and production
127.45 	of cold-hardy grape cultivars.  This is
127.46 	a onetime appropriation and is
127.47 	available until expended.
127.48 	This vineyard production research
127.49 	project is to select cold-hardy
127.50 	cultivars and cultural practices that
127.51 	can diversify the agricultural
127.52 	landscape of Minnesota and stimulate
127.53 	economic development with subsequent
127.54 	expansion into value-added businesses
127.55 	and the winery industry.  Treatments
127.56 	used in this research project must
127.57 	focus on development of cultural and
127.58 	management practices that include
127.59 	trials on planting depths, vine root
127.60 	care, cultivation techniques, mulching,
127.61 	and other methods that will enhance
127.62 	productivity and winter survival in
127.63 	subzero temperatures.
127.64 	An annual report is required, including
127.65 	an economic assessment that compares
128.1 	the input requirements and feasibility
128.2 	of each overwintering technique and its
128.3 	contribution to the success of the
128.4 	vines.  The report must be submitted to
128.5 	the chairs of the house of
128.6 	representatives and senate policy
128.7 	committees with jurisdiction over
128.8 	agriculture.  The Northwest Regional
128.9 	Development Commission is encouraged to
128.10 	work with the University of Minnesota
128.11 	and the North Dakota State University
128.12 	experiment stations and on-farm sites
128.13 	to evaluate the suitability of
128.14 	regionally developed grape cultivars in
128.15 	areas of harsh winters and short
128.16 	growing seasons.
128.17 	$55,000 the first year and $55,000 the
128.18 	second year are for a grant to the
128.19 	Metropolitan Economic Development
128.20 	Association for continuing minority
128.21 	business development programs in the
128.22 	metropolitan area.  These programs
128.23 	include one-on-one business consulting,
128.24 	marketing assistance, providing and
128.25 	arranging financing, and training and
128.26 	leadership development.  These
128.27 	appropriations are part of the
128.28 	department's budget base.
128.29 	$250,000 the first year is for a grant
128.30 	to the Blandin Foundation for the "get
128.31 	broadband" program.  This appropriation
128.32 	must be matched equally by nonstate
128.33 	funds and is available until expended.
128.34 	Expenditures made by the Blandin
128.35 	Foundation beginning December 1, 2004,
128.36 	may be used as match for this
128.37 	appropriation.  The "get broadband"
128.38 	program must be designed to increase
128.39 	the use of broadband-based technologies
128.40 	by businesses, schools, health care
128.41 	organizations, government
128.42 	organizations, and the general public.
128.43 	$100,000 the first year is for a grant
128.44 	to the Children's Discovery Museum for
128.45 	furnishing and equipping the new
128.46 	Children's Discovery Museum in Grand
128.47 	Rapids.
128.48 		Subd. 3.Workforce Partnerships
128.49 	3,398,000      5,353,000
128.50 	Summary by Fund
128.51 	General                   5,000         5,000
128.52 	Workforce
128.53 	Development           2,750,000     4,500,000
128.54 	Special Revenue         643,000       848,000
128.55 	$1,000,000 the first year and
128.56 	$2,000,000 the second year are from the
128.57 	workforce development fund for a grant
128.58 	to the Minnesota Alliance of Boys and
128.59 	Girls Clubs to administer a statewide
128.60 	project of youth job skills
128.61 	development.  This project, which may
129.1 	have career guidance components, is to
129.2 	encourage, train, and assist youth in
129.3 	job-seeking skills, workplace
129.4 	orientation, and job-site knowledge
129.5 	through coaching.  This grant requires
129.6 	a 25 percent match from nonstate
129.7 	resources.
129.8 	$5,000 the first year and $5,000 the
129.9 	second year are for a grant to the
129.10 	Northwest Regional Curfew Center under
129.11 	the youth intervention program in
129.12 	Minnesota Statutes, section 116L.30.
129.13 	$500,000 the first year and $500,000
129.14 	the second year are from the workforce
129.15 	development fund for a grant to the
129.16 	Minnesota Opportunities
129.17 	Industrialization Centers State
129.18 	Council.  The grant shall be used by
129.19 	the American Indian Opportunities
129.20 	Industrialization Centers of
129.21 	Minneapolis, and the Northwestern
129.22 	Opportunities Industrialization Centers
129.23 	of Bemidji, to provide training to
129.24 	American Indians on personal financial
129.25 	management and investment and to become
129.26 	small businesspersons.  The
129.27 	opportunities industrialization centers
129.28 	may contract with any accredited state
129.29 	or private educational institution to
129.30 	deliver training.  This appropriation
129.31 	is in addition to the base level
129.32 	funding and shall become part of the
129.33 	agency's budget base.
129.34 	$500,000 the first year and $1,000,000
129.35 	the second year are from the workforce
129.36 	development fund for a grant to the
129.37 	Minnesota Opportunity Industrialization
129.38 	Centers State Council.  The grant shall
129.39 	be used to initiate and expand health
129.40 	occupation training at Minnesota
129.41 	Opportunity Industrialization Centers.
129.42 	The grant shall be distributed evenly
129.43 	among those Minnesota Opportunity
129.44 	Industrialization Centers that have
129.45 	plans to either initiate or expand
129.46 	health occupations and career ladder
129.47 	training programs for individuals
129.48 	seeking employment as nurses, nursing
129.49 	assistants, home health aides,
129.50 	phlebotomists, or in the field of
129.51 	medical coding.  This appropriation is
129.52 	in addition to the base level funding
129.53 	and shall become part of the agency's
129.54 	budget base.
129.55 	Notwithstanding 2005 S.F. No. 1879,
129.56 	article 7, section 2, subdivision 3,
129.57 	paragraph (d), if enacted, of the total
129.58 	appropriation in that subdivision, plus
129.59 	this subdivision, $843,000 the first
129.60 	year and $1,048,000 the second year are
129.61 	for displaced homemaker programs under
129.62 	Minnesota Statutes, section 116L.96.
129.63 	These appropriations are from the
129.64 	special revenue fund and are part of
129.65 	agency budget base.  The commissioner
129.66 	of economic security shall report to
129.67 	the legislature by February 15, 2007,
130.1 	on the outcome of grants under this
130.2 	paragraph.
130.3 	$750,000 the first year is from the
130.4 	workforce development fund for a grant
130.5 	to provide training to implement the
130.6 	Ford Motor Company Ford Production
130.7 	System at the Twin Cities Ford Assembly
130.8 	Plant.
130.9 	$500,000 the first year and $1,500,000
130.10 	the second year are from the workforce
130.11 	development fund for youth intervention
130.12 	programs under Minnesota Statutes,
130.13 	section 116L.30.  This funding must be
130.14 	used to help existing programs serve
130.15 	unmet needs in their communities, and
130.16 	to create new programs in underserved
130.17 	areas of the state.  This appropriation
130.18 	is part of the department's budget
130.19 	base.  The appropriations are available
130.20 	until expended.
130.21 	$8,500 in the first year and $8,500 in
130.22 	the second year are from the
130.23 	department's base for a grant to the
130.24 	Twin Cities Community Voice Mail to
130.25 	maintain the toll-free telephone number
130.26 	for the Greater Minnesota Project.  The
130.27 	commissioner must ensure that the
130.28 	telephone number is not changed for the
130.29 	2006-2007 biennium.
130.30 	$250,000 the first year and $250,000
130.31 	the second year are from the workforce
130.32 	development fund for a grant to
130.33 	Lifetrack Resources for its immigrant
130.34 	and refugee collaborative programs,
130.35 	including those related to job-seeking
130.36 	skills and workplace orientation,
130.37 	intensive job development, functional
130.38 	work English, and on-site job coaching.
130.39 		Subd. 4.Workforce Services
130.40 	750,000        750,000
130.41 	$400,000 the first year and $400,000
130.42 	the second year are from the workforce
130.43 	development fund for extended
130.44 	employment services for persons with
130.45 	severe disabilities or related
130.46 	conditions under Minnesota Statutes,
130.47 	section 268A.15.
130.48 	$150,000 the first year and $150,000
130.49 	the second year are from the workforce
130.50 	development fund for grants to the
130.51 	Minnesota Employment Center for people
130.52 	who are deaf or hard-of-hearing.  Money
130.53 	not expended the first year is
130.54 	available the second year.
130.55 	$200,000 the first year and $200,000
130.56 	the second year are from the workforce
130.57 	development fund for grants for
130.58 	programs that provide employment
130.59 	support services to persons with mental
130.60 	illness under Minnesota Statutes,
130.61 	sections 268A.13 and 268A.14.  Of the
130.62 	total appropriations for this program,
131.1 	up to $84,000 each year may be used for
131.2 	administrative and salary expenses.

131.3 	Sec. 3. MINNESOTA CONSERVATION CORPS   1,200,000      2,400,000
 131.4 	This appropriation is from the
131.5 	workforce development fund for the
131.6 	purposes of Minnesota Statutes, section
131.7 	84.991.

131.8 	Sec. 4. EXPLORE MINNESOTA TOURISM        125,000      1,125,000
 131.9 	Notwithstanding 2005 S.F. No. 1879,
131.10 	article 7, section 3, if enacted, the
131.11 	appropriation in that section, plus the
131.12 	appropriation in this section, must be
131.13 	spent as provided in this section.
131.14 	$1,000,000 in the second year is to
131.15 	enhance the public/private funding
131.16 	partnership.  To develop maximum
131.17 	private sector involvement in tourism,
131.18 	$4,000,000 the first year and
131.19 	$4,000,000 the second year of the
131.20 	amounts appropriated for marketing
131.21 	activities are contingent upon receipt
131.22 	of an equal contribution from nonstate
131.23 	sources that have been certified by the
131.24 	director.  Up to one-half of the match
131.25 	may be given in in-kind contributions.
131.26 	In order to maximize marketing grant
131.27 	benefits, the director must give
131.28 	priority for joint venture marketing
131.29 	grants to organizations with year-round
131.30 	sustained tourism activities.  For
131.31 	programs and projects submitted, the
131.32 	director must give priority to those
131.33 	that encompass two or more areas or
131.34 	that attract nonresident travelers to
131.35 	the state.
131.36 	If an appropriation for either year for
131.37 	grants is not sufficient, the
131.38 	appropriation for the other year is
131.39 	available for it.
131.40 	The director may use grant dollars or
131.41 	the value of in-kind services to
131.42 	provide the state contribution for the
131.43 	partnership program.
131.44 	Any unexpended money from general fund
131.45 	appropriations governed by this section
131.46 	does not cancel but must be placed in a
131.47 	special advertising account for use by
131.48 	Explore Minnesota Tourism to purchase
131.49 	additional media.
131.50 	$125,000 the first year and $125,000
131.51 	the second year of the appropriation in
131.52 	this section are for the Minnesota Film
131.53 	Board.  The appropriation in each year
131.54 	is available only upon receipt by the
131.55 	board of $1 in matching contributions
131.56 	of money or in kind from nonstate
131.57 	sources for every $3 provided by this
131.58 	appropriation.

131.59 	Sec. 5. HOUSING FINANCE AGENCY
 132.1 	As provided in Minnesota Statutes,
132.2 	section 462A.20, subdivision 3, the
132.3 	agency may transfer unencumbered
132.4 	balances from one appropriated account
132.5 	to another as necessary to implement
132.6 	the business plan of the working group
132.7 	on long-term homelessness established
132.8 	in Laws 2003, chapter 128, article 15,
132.9 	section 9.
132.10 	The agency shall establish a priority
132.11 	for supportive housing projects that
132.12 	provide employment support and housing
132.13 	for offenders who are discharged from a
132.14 	correctional or detention facility.  Up
132.15 	to $1,400,000 of the appropriation to
132.16 	the housing trust fund in 2005 S.F. No.
132.17 	1879, if enacted, shall be awarded to
132.18 	projects that address this priority and
132.19 	the greatest number of priorities
132.20 	established under the rules governing
132.21 	the housing trust fund program.

132.22 	Sec. 6. LABOR AND INDUSTRY
 132.23 		Subdivision 1.Total
132.24 	Appropriation                            703,000        703,000
132.25 	Summary by Fund
132.26 	General                 378,000       378,000
132.27 	Workers'
132.28 	Compensation             25,000        25,000
132.29 	Workforce
132.30 	Development             300,000       300,000
132.31 	The amounts that may be spent from this
132.32 	appropriation for each program are
132.33 	specified in the following subdivisions.
132.34 		Subd. 2.Workers' Compensation
132.35 	25,000         25,000
132.36 	This appropriation is from the workers'
132.37 	compensation fund for grants to the
132.38 	Vinland Center for rehabilitation
132.39 	service.  These grants include the
132.40 	Vinland employment program and must
132.41 	address multiple barriers to
132.42 	employment, a self-sufficiency
132.43 	lifestyle, and physical, mental,
132.44 	emotional, or cognitive work injuries
132.45 	or disabilities.  This appropriation is
132.46 	part of the budget base for the
132.47 	Department of Labor and Industry.
132.48 		Subd. 3.Workplace Services
132.49 	678,000         678,000
132.50 	Summary by Fund
132.51 	General                 378,000       378,000
132.52 	Workforce
132.53 	Development             300,000       300,000
132.54 	$378,000 the first year and $378,000
133.1 	the second year are to improve the
133.2 	regulatory enforcement and safety of
133.3 	boilers and high-pressure-piping
133.4 	systems.
133.5 	$300,000 each year is from the
133.6 	workforce development fund for the
133.7 	apprenticeship program under Minnesota
133.8 	Statutes, chapter 178.
133.9 	The annual license fees authorized
133.10 	under Minnesota Statutes, section
133.11 	326.48, and detailed in Minnesota
133.12 	Rules, part 5230.0100, subpart 3, shall
133.13 	increase $20 for a journeyman
133.14 	high-pressure piping pipefitter
133.15 	license, $20 for a high-pressure piping
133.16 	contracting pipefitter, $10 for an
133.17 	inactive license, and $100 for a
133.18 	high-pressure pipefitting business
133.19 	license.
133.20 	The permit filing and inspection fees
133.21 	authorized under Minnesota Statutes,
133.22 	section 326.47, and detailed in
133.23 	Minnesota Rules, part 5230.0100,
133.24 	subpart 4, shall be increased as
133.25 	follows:  the filing of a permit
133.26 	application shall be increased $50, the
133.27 	minimum high-pressure piping inspection
133.28 	fee shall be increased $50, and the
133.29 	schedule of inspection fee rates shall
133.30 	be increased by ten percent.
133.31 		Subd. 4.General Support
133.32 	The commissioner of labor and industry
133.33 	shall report to the 2006 legislature on
133.34 	the safety and education program for
133.35 	Minnesota loggers under Minnesota
133.36 	Statutes, section 176.130.

133.37 	Sec. 7. MINNESOTA HISTORICAL
133.38 	SOCIETY                                  750,000        750,000
 133.39 	$75,000 the first year and $75,000 the
133.40 	second year are to assist the Minnesota
133.41 	Sesquicentennial Commission for
133.42 	planning and support of its mission.
133.43 	This is a onetime appropriation and is
133.44 	available until January 30, 2009.
133.45 	$675,000 the first year and $675,000
133.46 	the second year are to operate historic
133.47 	sites including:  Kelley Farm, Hill
133.48 	House, Lower Sioux Agency, Fort
133.49 	Ridgely, Historic Forestville, the
133.50 	Forest History Center, and the Comstock
133.51 	House.  Funding for these sites must be
133.52 	matched on a $1 of nonstate money to $1
133.53 	of state money basis.  This
133.54 	appropriation is in addition to any
133.55 	other appropriation and is part of the
133.56 	Minnesota Historical Society's budget
133.57 	base.

133.58 	Sec. 8. Minnesota Statutes 2004, section 11A.24,
133.59 	subdivision 6, is amended to read:
133.60 		Subd. 6.Other investments.  (a) In addition to the
134.1 	investments authorized in subdivisions 1 to 5, and subject to
134.2 	the provisions in paragraph (b), the state board may invest
134.3 	funds in:
134.4 	(1) venture capital investment businesses through
134.5 	participation in limited partnerships, trusts, private
134.6 	placements, limited liability corporations, limited liability
134.7 	companies, limited liability partnerships, and corporations;
134.8 	(2) real estate ownership interests or loans secured by
134.9 	mortgages or deeds of trust or shares of real estate investment
134.10 	trusts through investment in limited partnerships, bank
134.11 	sponsored collective funds, trusts, mortgage participation
134.12 	agreements, and insurance company commingled accounts, including
134.13 	separate accounts;
134.14 	(3) regional and mutual funds through bank sponsored
134.15 	collective funds and open-end investment companies registered
134.16 	under the Federal Investment Company Act of 1940, and closed-end
134.17 	mutual funds listed on an exchange regulated by a governmental
134.18 	agency;
134.19 	(4) resource investments through limited partnerships,
134.20 	trusts, private placements, limited liability corporations,
134.21 	limited liability companies, limited liability partnerships, and
134.22 	corporations; and
134.23 	(5) international securities.
134.24 	(b) The investments authorized in paragraph (a) must
134.25 	conform to the following provisions:
134.26 	(1) the aggregate value of all investments made according
134.27 	to paragraph (a), clauses (1) to (4), may not exceed 35 percent
134.28 	of the market value of the fund for which the state board is
134.29 	investing;
134.30 	(2) there must be at least four unrelated owners of the
134.31 	investment other than the state board for investments made under
134.32 	paragraph (a), clause (1), (2), (3), or (4);
134.33 	(3) state board participation in an investment vehicle is
134.34 	limited to 20 percent thereof for investments made under
134.35 	paragraph (a), clause (1), (2), (3), or (4); and
134.36 	(4) state board participation in a limited partnership does
135.1 	not include a general partnership interest or other interest
135.2 	involving general liability.  The state board may not engage in
135.3 	any activity as a limited partner which creates general
135.4 	liability.
135.5 	(c) All financial, business, or proprietary data collected,
135.6 	created, received, or maintained by the state board in
135.7 	connection with investments authorized by paragraph (a), clause
135.8 	(1), (2), or (4), are nonpublic data under section 13.02,
135.9 	subdivision 9.  As used in this paragraph, "financial, business,
135.10 	or proprietary data" means data, as determined by the
135.11 	responsible authority for the state board, that is of a
135.12 	financial, business, or proprietary nature, the release of which
135.13 	could cause competitive harm to the state board, the legal
135.14 	entity in which the state board has invested or has considered
135.15 	an investment, the managing entity of an investment, or a
135.16 	portfolio company in which the legal entity holds an interest.
135.17 	As used in this section, "business data" is data described in
135.18 	section 13.591, subdivision 1.  Regardless of whether they could
135.19 	be considered financial, business, or proprietary data, the
135.20 	following data received, prepared, used, or retained by the
135.21 	state board in connection with investments authorized by
135.22 	paragraph (a), clause (1), (2), or (4), are public at all times:
135.23 	(1) the name and industry group classification of the legal
135.24 	entity in which the state board has invested or in which the
135.25 	state board has considered an investment;
135.26 	(2) the state board commitment amount, if any;
135.27 	(3) the funded amount of the state board's commitment to
135.28 	date, if any;
135.29 	(4) the market value of the investment by the state board;
135.30 	(5) the state board's internal rate of return for the
135.31 	investment, including expenditures and receipts used in the
135.32 	calculation of the investment's internal rate of return; and 
135.33 	(6) the age of the investment in years.

135.34 	Sec. 9. Minnesota Statutes 2004, section 13.635, is
135.35 	amended by adding a subdivision to read:
135.36 		Subd. 1a.State board of investment. Certain government
136.1 	data of the State Board of Investment related to capital
136.2 	investments are classified under section 11A.24, subdivision 6.

136.3 	Sec. 10. Minnesota Statutes 2004, section 41A.09,
136.4 	subdivision 2a, is amended to read:
136.5 		Subd. 2a.Definitions.  For the purposes of this section,
136.6 	the terms defined in this subdivision have the meanings given
136.7 	them.
136.8 	(a) "Ethanol" means fermentation ethyl alcohol derived from
136.9 	agricultural products, including potatoes, cereal grains, cheese
136.10 	whey, and sugar beets; forest products; or other renewable
136.11 	resources, including residue and waste generated from the
136.12 	production, processing, and marketing of agricultural products,
136.13 	forest products, and other renewable resources, that:
136.14 	(1) meets all of the specifications in ASTM specification
136.15 	D4806-01 D4806-04a; and
136.16 	(2) is denatured as specified in Code of Federal
136.17 	Regulations, title 27, parts 20 and 21.
136.18 	(b) "Ethanol plant" means a plant at which ethanol is
136.19 	produced.
136.20 	(c) "Commissioner" means the commissioner of agriculture.

136.21 	Sec. 11. [45.22] LICENSE EDUCATION.
136.22 	The following fees must be paid to the commissioner:
136.23 	(1) initial course approval, $10 for each hour or fraction
136.24 	of one hour of education course approval sought.  Initial course
136.25 	approval expires on the last day of the 24th month after the
136.26 	course is approved;
136.27 	(2) renewal of course approval, $10 per course.  Renewal of
136.28 	course approval expires on the last day of the 24th month after
136.29 	the course is renewed;
136.30 	(3) initial coordinator approval, $100.  Initial
136.31 	coordinator approval expires on the last day of the 24th month
136.32 	after the coordinator is approved; and 
136.33 	(4) renewal of coordinator approval, $10.  Renewal of
136.34 	coordinator approval expires on the last day of the 24th month
136.35 	after the coordinator is renewed.

136.36 	Sec. 12. [59B.01] SCOPE AND PURPOSE.
137.1 	(a) The purpose of this chapter is to create a legal
137.2 	framework within which service contracts may be sold in this
137.3 	state.
137.4 	(b) The following are exempt from this chapter:
137.5 	(1) warranties;
137.6 	(2) maintenance agreements;
137.7 	(3) warranties, service contracts, or maintenance
137.8 	agreements offered by public utilities, as defined in section
137.9 	216B.02, subdivision 4, or an entity or operating unit owned by
137.10 	or under common control with a public utility;
137.11 	(4) service contracts sold or offered for sale to persons
137.12 	other than consumers;
137.13 	(5) service contracts on tangible property where the
137.14 	tangible property for which the service contract is sold has a
137.15 	purchase price of $250 or less, exclusive of sales tax;
137.16 	(6) motor vehicle service contracts as defined in section
137.17 	65B.29, subdivision 1, paragraph (1);
137.18 	(7) service contracts for home security equipment installed
137.19 	by a licensed technology systems contractor; and 
137.20 	(8) motor club membership contracts that typically provide
137.21 	roadside assistance services to motorists stranded for reasons
137.22 	that include, but are not limited to, mechanical breakdown or
137.23 	adverse road conditions.
137.24 	(c) The types of agreements referred to in paragraph (b)
137.25 	are not subject to chapters 60A to 79A, except as otherwise
137.26 	specifically provided by law.

137.27 	Sec. 13. [59B.02] DEFINITIONS.
137.28 		Subdivision 1.Terms. For the purposes of this chapter,
137.29 	the terms defined in this section have the meanings given them.
137.30 		Subd. 2.Administrator. "Administrator" means the person
137.31 	who is responsible for the administration of the service
137.32 	contracts or the service contracts plan or who is responsible
137.33 	for any filings required by this chapter.
137.34 		Subd. 3.Commissioner. "Commissioner" means the
137.35 	commissioner of commerce.
137.36 		Subd. 4.Consumer. "Consumer" means a natural person who
138.1 	buys, other than for purposes of resale, any tangible personal
138.2 	property that is distributed in commerce and that is normally
138.3 	used for personal, family, or household purposes and not for
138.4 	business or research purposes.
138.5 		Subd. 5.Maintenance agreement. "Maintenance agreement"
138.6 	means a contract of limited duration that provides for scheduled
138.7 	maintenance only.
138.8 		Subd. 6.Person. "Person" means an individual,
138.9 	partnership, corporation, incorporated or unincorporated
138.10 	association, joint stock company, reciprocal, syndicate, or any
138.11 	similar entity or combination of entities acting in concert.
138.12 		Subd. 7.Premium. "Premium" means the consideration paid
138.13 	to an insurer for a reimbursement insurance policy.
138.14 		Subd. 8.Provider. "Provider" means a person who is
138.15 	contractually obligated to the service contract holder under the
138.16 	terms of the service contract.
138.17 		Subd. 9.Provider fee. "Provider fee" means the
138.18 	consideration paid for a service contract.
138.19 		Subd. 10.Reimbursement insurance policy. "Reimbursement
138.20 	insurance policy" means a policy of insurance issued to a
138.21 	provider to either provide reimbursement to the provider under
138.22 	the terms of the insured service contracts issued or sold by the
138.23 	provider or, in the event of the provider's nonperformance, to
138.24 	pay on behalf of the provider all covered contractual
138.25 	obligations incurred by the provider under the terms of the
138.26 	insured service contracts issued or sold by the provider.
138.27 		Subd. 11.Service contract. "Service contract" means a
138.28 	contract or agreement for a separately stated consideration for
138.29 	a specific duration to perform the repair, replacement, or
138.30 	maintenance of property or indemnification for repair,
138.31 	replacement, or maintenance, for the operational or structural
138.32 	failure due to a defect in materials, workmanship, or normal
138.33 	wear and tear, with or without additional provisions for
138.34 	incidental payment of indemnity under limited circumstances.
138.35 	Service contracts may provide for the repair, replacement, or
138.36 	maintenance of property for damage resulting from power surges
139.1 	and accidental damage from handling.
139.2 		Subd. 12.Service contract holder or contract
139.3 	holder. "Service contract holder" or "contract holder" means a
139.4 	person who is the purchaser or holder of a service contract.
139.5 		Subd. 13.Warranty. "Warranty" means a warranty made
139.6 	solely by the manufacturer, importer, or seller of property or
139.7 	services without consideration, that is not negotiated or
139.8 	separated from the sale of the product, and is incidental to the
139.9 	sale of the product, that guarantees indemnity for defective
139.10 	parts, mechanical or electrical breakdown, labor, or other
139.11 	remedial measures, such as repair or replacement of the property
139.12 	or repetition of services.

139.13 	Sec. 14. [59B.03] REQUIREMENTS FOR TRANSACTING BUSINESS.
139.14 		Subdivision 1.Appointment of administrator. A provider
139.15 	may, but is not required to, appoint an administrator or other
139.16 	designee to be responsible for any or all of the administration
139.17 	of service contracts and compliance with this chapter.
139.18 		Subd. 2.Contract copies and receipts. Service contracts
139.19 	must not be issued, sold, or offered for sale in this state
139.20 	unless the provider has:
139.21 	(1) provided a receipt for, or other written evidence of,
139.22 	the purchase of the service contract to the contract holder;
139.23 	(2) provided a copy of the service contract to the service
139.24 	contract holder within a reasonable period of time from the date
139.25 	of purchase; and 
139.26 	(3) complied with this chapter.
139.27 		Subd. 3.Registration. Each provider of service
139.28 	contracts sold in this state shall file a registration with the
139.29 	commissioner on a form prescribed by the commissioner.  Each
139.30 	provider shall pay to the commissioner a fee in the amount of
139.31 	$200 annually.
139.32 		Subd. 4.Financial requirements. In order to ensure the
139.33 	faithful performance of a provider's obligations to its contract
139.34 	holders, each provider is responsible for complying with the
139.35 	requirements of one of the following:
139.36 	(1) insure all service contracts under a reimbursement
140.1 	insurance policy issued by an insurer authorized to transact
140.2 	insurance in this state, a risk retention group, as that term is
140.3 	defined in United States Code, title 15, section 3901(A)(4), as
140.4 	long as that risk retention group is registered pursuant to
140.5 	section 60E.03 or 60E.04 as applicable, and is in full
140.6 	compliance with the federal Liability Risk Retention Act of
140.7 	1986, United States Code, title 15, section 3901, et al., or
140.8 	issued pursuant to sections 60A.195 to 60A.209, and either:
140.9 	(i) the insurer or risk retention group shall, at the time
140.10 	the policy is filed with the commissioner, and continuously
140.11 	thereafter, maintain surplus as to policyholders and paid-in
140.12 	capital of at least $15,000,000, and annually file audited
140.13 	financial statements with the commissioner; or 
140.14 	(ii) the commissioner may authorize an insurer or risk
140.15 	retention group that has surplus as to policyholders and paid-in
140.16 	capital of less than $15,000,000 but at least equal to
140.17 	$10,000,000 to issue the insurance required by this section if
140.18 	the insurer or risk retention group demonstrates to the
140.19 	satisfaction of the commissioner that the company maintains a
140.20 	ratio of direct written premiums, wherever written, to surplus
140.21 	as to policyholders and paid-in capital of not greater than
140.22 	3-to-1; or 
140.23 	(2)(i) maintain a funded reserve account for obligations
140.24 	under contracts issued and outstanding in this state.  The
140.25 	reserves must not be less than 40 percent of gross consideration
140.26 	received, less claims paid, on the sale of the service contract
140.27 	for all in-force contracts.  The reserve account is subject to
140.28 	examination and review by the commissioner; and 
140.29 	(ii) place in trust with the commissioner a financial
140.30 	security deposit, having a value of not less than five percent
140.31 	of the gross consideration received, less claims paid, on the
140.32 	sale of the service contract for all service contracts issued
140.33 	and in force, but not less than $25,000, consisting of one of
140.34 	the following:
140.35 	(A) a surety bond issued by an authorized surety;
140.36 	(B) securities of the type eligible for deposit by
141.1 	authorized insurers in this state;
141.2 	(C) cash;
141.3 	(D) a letter of credit issued by a qualified financial
141.4 	institution containing an evergreen clause which prevents the
141.5 	expiration of the letter without due notice from the issuer; or 
141.6 	(E) another form of security prescribed by rules of the
141.7 	commissioner; or 
141.8 	(3)(i) maintain, or its parent company maintain, a net
141.9 	worth or stockholders' equity of $100,000,000; and 
141.10 	(ii) upon request, provide the commissioner with a copy of
141.11 	the provider's or the provider's parent company's most recent
141.12 	Form 10-K or Form 20-F filed with the Securities and Exchange
141.13 	Commission (SEC) within the last calendar year, or if the
141.14 	company does not file with the SEC, a copy of the company's
141.15 	audited financial statements, which shows a net worth of the
141.16 	provider or its parent company of at least $100,000,000.  If the
141.17 	provider's parent company's Form 10-K, Form 20-F, or audited
141.18 	financial statements are filed to meet the provider's financial
141.19 	stability requirement, then the parent company shall agree to
141.20 	guarantee the obligations of the provider relating to service
141.21 	contracts sold by the provider in this state.
141.22 		Subd. 5.Right of return. Service contracts must require
141.23 	the provider to permit the service contract holder to return the
141.24 	service contract within 20 days of the date the service contract
141.25 	was mailed to the service contract holder or within ten days of
141.26 	delivery if the service contract is delivered to the service
141.27 	contract holder at the time of sale or within a longer time
141.28 	period permitted under the service contract.  Upon return of the
141.29 	service contract to the provider within the applicable time
141.30 	period, if no claim has been made under the service contract
141.31 	before its return to the provider, the service contract is void
141.32 	and the provider shall refund to the service contract holder, or
141.33 	credit the account of the service contract holder, with the full
141.34 	purchase price of the service contract.  The right to void the
141.35 	service contract provided in this paragraph is not transferable
141.36 	and applies only to the original service contract purchaser, and
142.1 	only if no claim has been made before its return to the
142.2 	provider.  A ten percent penalty per month must be added to a
142.3 	refund that is not paid or credited within 45 days after return
142.4 	of the service contract to the provider.
142.5 		Subd. 6.Premium taxes. (a) Provider fees collected on
142.6 	service contracts are not subject to premium taxes.
142.7 	(b) Premiums for reimbursement insurance policies are
142.8 	subject to applicable taxes.
142.9 		Subd. 7.Licensing exemption. Except for the
142.10 	registration requirements in subdivision 3, providers and
142.11 	related service contract sellers, administrators, and other
142.12 	persons marketing, selling, or offering to sell service
142.13 	contracts are exempt from any licensing requirements of this
142.14 	state.
142.15 		Subd. 8.Insurance exemption. The marketing, sale,
142.16 	offering for sale, issuance, making, proposing to make, and
142.17 	administration of service contracts by providers and related
142.18 	service contract sellers, administrators, and other persons are
142.19 	exempt from all other provisions of the insurance laws of this
142.20 	state, except as provided in section 72A.20, subdivision 38.

142.21 	Sec. 15. [59B.04] REQUIRED DISCLOSURES; REIMBURSEMENT
142.22 	INSURANCE POLICY.
142.23 		Subdivision 1.Right to payment or
142.24 	reimbursement. Reimbursement insurance policies insuring
142.25 	service contracts issued, sold, or offered for sale in this
142.26 	state shall state that the insurer that issued the reimbursement
142.27 	insurance policy shall either reimburse or pay on behalf of the
142.28 	provider any covered sums the provider is legally obligated to
142.29 	pay or, in the event of the provider's nonperformance, shall
142.30 	provide the service which the provider is legally obligated to
142.31 	perform according to the provider's contractual obligations
142.32 	under the service contracts issued or sold by the provider.
142.33 		Subd. 2.Right to apply to company. In the event covered
142.34 	service is not provided by the service contract provider within
142.35 	60 days of proof of loss by the service contract holder, the
142.36 	contract holder is entitled to apply directly to the
143.1 	reimbursement insurance company.

143.2 	Sec. 16. [59B.05] REQUIRED DISCLOSURE; SERVICE
143.3 	CONTRACTS.
143.4 		Subdivision 1.Readability and general
143.5 	disclosure. Service contracts marketed, sold, offered for sale,
143.6 	issued, made, proposed to be made, or administered in this state
143.7 	must be written, printed, or typed in clear, understandable
143.8 	language that is easy to read and must disclose the requirements
143.9 	set forth in this section, as applicable.
143.10 		Subd. 2.Identities of parties. Service contracts must
143.11 	state the name and address of the provider, and must identify
143.12 	any administrator if different from the provider, the service
143.13 	contract seller, and the service contract holder to the extent
143.14 	that the name of the service contract holder has been furnished
143.15 	by the service contract holder.  The identities of the parties
143.16 	are not required to be preprinted on the service contract and
143.17 	may be added to the service contract at the time of sale.
143.18 		Subd. 3.Total purchase price and sales terms. Service
143.19 	contracts must state the total purchase price and the terms
143.20 	under which the service contract is sold.  The purchase price is
143.21 	not required to be preprinted on the service contract and may be
143.22 	negotiated at the time of sale with the service contract holder.
143.23 		Subd. 4.Deductibles. Service contracts must state the
143.24 	existence of any deductible amount, if applicable.
143.25 		Subd. 5.Coverages, limitations, and exclusions. No
143.26 	particular causes of loss of property are required to be
143.27 	covered, but service contracts must specify the merchandise and
143.28 	services to be provided and, with equal prominence, any
143.29 	limitations, exceptions, or exclusions including, but not
143.30 	limited to, any damage or breakdown not covered by the service
143.31 	contract.
143.32 		Subd. 6.Restrictions on transferability. Service
143.33 	contracts must state any restrictions governing the
143.34 	transferability of the service contract, if applicable.
143.35 		Subd. 7.Cancellation terms. Service contracts must
143.36 	state the terms, restrictions, or conditions governing
144.1 	cancellation of the service contract prior to the termination or
144.2 	expiration date of the service contract by either the provider
144.3 	or the service contract holder.  The provider of the service
144.4 	contract shall mail a written notice to the contract holder at
144.5 	the last known address of the service contract holder contained
144.6 	in the records of the provider at least 15 days before
144.7 	cancellation by the provider.  Five days' notice is required if
144.8 	the reason for cancellation is nonpayment of the provider fee, a
144.9 	material misrepresentation by the service contract holder to the
144.10 	provider, or a substantial breach of duties by the service
144.11 	contract holder relating to the covered product or its use.  The
144.12 	notice must state the effective date of the cancellation and the
144.13 	reason for the cancellation.
144.14 		Subd. 8.Duties of contract holder. Service contracts
144.15 	must set forth all of the obligations and duties of the service
144.16 	contract holder, such as the duty to protect against any further
144.17 	damage and any requirement to follow the owner's manual.
144.18 		Subd. 9.Exclusions; consequential damages and
144.19 	preexisting conditions. Service contracts may exclude coverage
144.20 	for consequential damages or preexisting conditions.  These
144.21 	exclusions, if applicable, must be stated in the contract.

144.22 	Sec. 17. [59B.06] ADDITIONAL REQUIRED DISCLOSURE; SERVICE
144.23 	CONTRACTS.
144.24 		Subdivision 1.Insurance disclosure. Service contracts
144.25 	insured under a reimbursement insurance policy pursuant to
144.26 	section 59B.03, subdivision 4, clause (1), must contain a
144.27 	statement in substantially the following form:  "Obligations of
144.28 	the provider under this service contract are insured under a
144.29 	service contract reimbursement insurance policy."  The service
144.30 	contract must also state the name and address of the insurer.
144.31 		Subd. 2.Disclosure of no insurance. Service contracts
144.32 	not insured under a reimbursement insurance policy pursuant to
144.33 	section 59B.03, subdivision 4, clause (1), must contain a
144.34 	statement in substantially the following form:  "Obligations of
144.35 	the provider under this service contract are backed by the full
144.36 	faith and credit of the provider." 

145.1 	Sec. 18. [59B.07] PROHIBITED ACTS.
145.2 		Subdivision 1.Deceptive names. A provider shall not use
145.3 	in its name the words insurance, casualty, surety, mutual, or
145.4 	any other words descriptive of the insurance, casualty, or
145.5 	surety business; or a name deceptively similar to the name or
145.6 	description of any insurance or surety corporation, or to the
145.7 	name of any other provider.  The word "guaranty" or similar word
145.8 	may be used by a provider.  This section does not apply to a
145.9 	company that was using any of the prohibited language in its
145.10 	name before the effective date of this chapter.  However, a
145.11 	company using the prohibited language in its name shall include
145.12 	in its service contracts a statement in substantially the
145.13 	following form:  "This agreement is not an insurance contract." 
145.14 		Subd. 2.False or misleading statements. A provider or
145.15 	its representative shall not in its service contracts,
145.16 	literature, or otherwise make, permit, or cause to be made any
145.17 	false or misleading statement or omit any material statement
145.18 	that would be considered misleading if omitted.
145.19 		Subd. 3.Required purchase. A person, such as a bank,
145.20 	savings association, lending institution, manufacturer, or
145.21 	seller of any product, shall not require the purchase of a
145.22 	service contract as a condition of a loan or a condition for the
145.23 	sale of any property.

145.24 	Sec. 19. [59B.08] RECORD-KEEPING REQUIREMENTS.
145.25 		Subdivision 1.Generally. The provider shall keep
145.26 	accurate accounts, books, and records concerning transactions
145.27 	regulated under this chapter.
145.28 	The provider's accounts, books, and records include the
145.29 	following:
145.30 	(1) copies of each type of service contracts sold;
145.31 	(2) the name and address of each service contract holder to
145.32 	the extent that the name and address have been furnished by the
145.33 	service contract holder;
145.34 	(3) a list of the locations where service contracts are
145.35 	marketed, sold, or offered for sale; and 
145.36 	(4) written claims files which shall contain information
146.1 	regarding the services provided or claims payments for contracts
146.2 	that provide for payments or reimbursement, including at least
146.3 	the dates and description of claims related to the service
146.4 	contracts.
146.5 		Subd. 2.Retention. (a) Except as provided in paragraph
146.6 	(b), the provider shall retain all records required to be
146.7 	maintained by this section for at least three years after the
146.8 	specified period of coverage has expired.
146.9 	(b) A provider discontinuing business in this state shall
146.10 	maintain its records until it furnishes the commissioner
146.11 	satisfactory proof that it has discharged all obligations to
146.12 	contract holders in this state.
146.13 		Subd. 3.Medium. The records required by this chapter
146.14 	may be, but are not required to be, maintained on a computer
146.15 	disk or other record-keeping technology.  If the records are
146.16 	maintained in other than hard copy, the records must be capable
146.17 	of duplication to legible hard copy at the request of the
146.18 	commissioner.

146.19 	Sec. 20. [59B.09] TERMINATION OF REIMBURSEMENT INSURANCE
146.20 	POLICY.
146.21 	An insurer that issued a reimbursement insurance policy may
146.22 	not terminate the policy unless the insurer mails or delivers
146.23 	written notice of the termination to the commissioner at least
146.24 	30 days before the effective date of termination.  The
146.25 	termination of a reimbursement insurance policy does not reduce
146.26 	the issuer's responsibility for service contracts issued by
146.27 	providers before the date of the termination.

146.28 	Sec. 21. [59B.10] OBLIGATION OF REIMBURSEMENT INSURANCE
146.29 	POLICY INSURERS.
146.30 	Insurers issuing reimbursement insurance to providers are
146.31 	deemed to have received the premiums for the insurance upon the
146.32 	payment of provider fees by consumers for service contracts
146.33 	issued by the insured providers.
146.34 	Nothing in this chapter prevents or limits the right of an
146.35 	insurer that issued a reimbursement insurance policy to seek
146.36 	indemnification or subrogation against a provider if the issuer
147.1 	pays or is obligated to pay the service contract holder sums
147.2 	that the provider was obligated to pay pursuant to the
147.3 	provisions of the service contract.

147.4 	Sec. 22. [59B.11] SEVERABILITY PROVISION.
147.5 	If any provision of this chapter or the application of the
147.6 	provision to any person or circumstances are held invalid, the
147.7 	remainder of this chapter and the application of the provision
147.8 	to persons or circumstances other than those as to which it is
147.9 	held invalid, must not be affected.

147.10 	Sec. 23. Minnesota Statutes 2004, section 60A.14,
147.11 	subdivision 1, is amended to read:
147.12 		Subdivision 1.Fees other than examination fees.  In
147.13 	addition to the fees and charges provided for examinations, the
147.14 	following fees must be paid to the commissioner for deposit in
147.15 	the general fund:
147.16 	(a) by township mutual fire insurance companies;
147.17 	(1) for filing certificate of incorporation $25 and
147.18 	amendments thereto, $10;
147.19 	(2) for filing annual statements, $15;
147.20 	(3) for each annual certificate of authority, $15;
147.21 	(4) for filing bylaws $25 and amendments thereto, $10;
147.22 	(b) by other domestic and foreign companies including
147.23 	fraternals and reciprocal exchanges;
147.24 	(1) for filing an application for an initial certification
147.25 	of authority to be admitted to transact business in this state,
147.26 	$1,500;
147.27 	(2) for filing certified copy of certificate of articles of
147.28 	incorporation, $100;
147.29 	(2) (3) for filing annual statement, $225;
147.30 	(3) (4) for filing certified copy of amendment to
147.31 	certificate or articles of incorporation, $100;
147.32 	(4) (5) for filing bylaws, $75 or amendments thereto, $75;
147.33 	(5) (6) for each company's certificate of authority, $575,
147.34 	annually;
147.35 	(c) the following general fees apply:
147.36 	(1) for each certificate, including certified copy of
148.1 	certificate of authority, renewal, valuation of life policies,
148.2 	corporate condition or qualification, $25;
148.3 	(2) for each copy of paper on file in the commissioner's
148.4 	office 50 cents per page, and $2.50 for certifying the same;
148.5 	(3) for license to procure insurance in unadmitted foreign
148.6 	companies, $575;
148.7 	(4) for valuing the policies of life insurance companies,
148.8 	one cent per $1,000 of insurance so valued, provided that the
148.9 	fee shall not exceed $13,000 per year for any company.  The
148.10 	commissioner may, in lieu of a valuation of the policies of any
148.11 	foreign life insurance company admitted, or applying for
148.12 	admission, to do business in this state, accept a certificate of
148.13 	valuation from the company's own actuary or from the
148.14 	commissioner of insurance of the state or territory in which the
148.15 	company is domiciled;
148.16 	(5) for receiving and filing certificates of policies by
148.17 	the company's actuary, or by the commissioner of insurance of
148.18 	any other state or territory, $50;
148.19 	(6) for each appointment of an agent filed with the
148.20 	commissioner, $10;
148.21 	(7) for filing forms and rates, $75 per filing, which may
148.22 	be paid on a quarterly basis in response to an invoice.  Billing
148.23 	and payment may be made electronically;
148.24 	(8) for annual renewal of surplus lines insurer license,
148.25 	$300;
148.26 	(9) $250 filing fee for a large risk alternative rating
148.27 	option plan that meets the $250,000 threshold requirement.
148.28 	The commissioner shall adopt rules to define filings that
148.29 	are subject to a fee.

148.30 	Sec. 24. Minnesota Statutes 2004, section 60K.55,
148.31 	subdivision 2, is amended to read:
148.32 		Subd. 2.Licensing fees.  (a) In addition to fees
148.33 	provided for examinations, each insurance producer licensed
148.34 	under this chapter shall pay to the commissioner a fee of:
148.35 	(1) $40 $50 for an initial life, accident and health,
148.36 	property, or casualty license issued to an individual insurance
149.1 	producer, and a fee of $40 $50 for each renewal;
149.2 	(2) $75 $50 for an initial variable life and variable
149.3 	annuity license issued to an individual insurance producer, and
149.4 	a fee of $50 for each renewal;
149.5 	(3) $80 $50 for an initial personal lines license issued to
149.6 	an individual insurance producer, and a fee of $80 $50 for each
149.7 	renewal;
149.8 	(4) $80 $50 for an initial limited lines license issued to
149.9 	an individual insurance producer, and a fee of $80 $50 for each
149.10 	renewal;
149.11 	(5) $200 for an initial license issued to a business
149.12 	entity, and a fee of $150 $200 for each renewal; and
149.13 	(6) $500 for an initial surplus lines license, and a fee of
149.14 	$500 for each renewal.
149.15 	(b) Initial licenses issued under this chapter are valid
149.16 	for a period not to exceed 24 months and expire on October 31 of
149.17 	the renewal year assigned by the commissioner.  Each renewal
149.18 	insurance producer license is valid for a period of 24 months.
149.19 	Licensees who submit renewal applications postmarked or
149.20 	delivered on or before October 15 of the renewal year may
149.21 	continue to transact business whether or not the renewal license
149.22 	has been received by November 1.  Licensees who submit
149.23 	applications postmarked or delivered after October 15 of the
149.24 	renewal year must not transact business after the expiration
149.25 	date of the license until the renewal license has been received.
149.26 	(c) All fees are nonreturnable, except that an overpayment
149.27 	of any fee may be refunded upon proper application.

149.28 	Sec. 25. Minnesota Statutes 2004, section 72A.20, is
149.29 	amended by adding a subdivision to read:
149.30 		Subd. 38.Unfair claims service; service contracts. No
149.31 	person shall, in connection with a service contract regulated
149.32 	under chapter 59B:
149.33 	(1) attempt to settle claims on the basis of an application
149.34 	or any other material document which was altered without notice
149.35 	to, or knowledge or consent of, the service contract holder;
149.36 	(2) make a material misrepresentation to the service
150.1 	contract holder for the purpose and with the intent of effecting
150.2 	settlement of the claims, loss, or damage under the contract on
150.3 	less favorable terms than those provided in, and contemplated
150.4 	by, the contract; or 
150.5 	(3) commit or perform with such frequency as to indicate a
150.6 	general business practice any of the following practices:
150.7 	(i) failure to properly investigate claims;
150.8 	(ii) misrepresentation of pertinent facts or contract
150.9 	provisions relating to coverages at issue;
150.10 	(iii) failure to acknowledge and act upon communications
150.11 	within a reasonable time with respect to claims;
150.12 	(iv) denial of claims without conducting reasonable
150.13 	investigations based upon available information;
150.14 	(v) failure to affirm or deny coverage of claims upon
150.15 	written request of the service contract holder within a
150.16 	reasonable time after proof-of-loss statements have been
150.17 	completed; or 
150.18 	(vi) failure to timely provide a reasonable explanation to
150.19 	the service contract holder of the basis in the contract in
150.20 	relation to the facts or applicable law for denial of a claim or
150.21 	for the offer of a compromise settlement.

150.22 	Sec. 26. Minnesota Statutes 2004, section 72B.04,
150.23 	subdivision 10, is amended to read:
150.24 		Subd. 10.Fees.  A fee of $80 $50 is imposed for each
150.25 	initial license or temporary permit and $80 $50 for each renewal
150.26 	thereof or amendment thereto.  A fee of $20 is imposed for the
150.27 	registration of each nonlicensed adjuster who is required to
150.28 	register under section 72B.06.  All fees shall be transmitted to
150.29 	the commissioner and shall be payable to the Department of
150.30 	Commerce.

150.31 	Sec. 27. Minnesota Statutes 2004, section 82B.09,
150.32 	subdivision 1, is amended to read:
150.33 		Subdivision 1.Amounts.  The following fees must be paid
150.34 	to the commissioner:
150.35 	(1) $150 for each initial individual real estate
150.36 	appraiser's license:  $150 if the license expires more than 12
151.1 	months after issuance, $100 if the license expires less than 12
151.2 	months after issuance; and a fee of 
151.3 	(2) $100 for each renewal.

151.4 	Sec. 28. Minnesota Statutes 2004, section 115C.07,
151.5 	subdivision 3, is amended to read:
151.6 		Subd. 3.Rules.  (a) The board shall adopt rules
151.7 	regarding its practices and procedures, the form and procedure
151.8 	for applications for compensation from the fund, procedures for
151.9 	investigation of claims and specifying the costs that are
151.10 	eligible for reimbursement from the fund.
151.11 	(b) The board may adopt rules requiring certification of
151.12 	environmental consultants.
151.13 	(c) The board may adopt other rules necessary to implement
151.14 	this chapter.
151.15 	(d) The board may use section 14.389 to adopt rules
151.16 	specifying the competitive bidding requirements for consultant
151.17 	services proposals.
151.18 	(e) The board may use section 14.389 to adopt rules
151.19 	specifying the written proposal and invoice requirements for
151.20 	consultant services.

151.21 	Sec. 29. Minnesota Statutes 2004, section 115C.09,
151.22 	subdivision 3h, is amended to read:
151.23 		Subd. 3h.Reimbursement; aboveground tanks in bulk
151.24 	plants.  (a) As used in this subdivision, "bulk plant" means an
151.25 	aboveground or underground tank facility with a storage capacity
151.26 	of more than 1,100 gallons but less than 1,000,000 gallons that
151.27 	is used to dispense petroleum into cargo tanks for
151.28 	transportation and sale at another location.
151.29 	(b) Notwithstanding any other provision in this chapter and
151.30 	any rules adopted pursuant to this chapter, the board shall
151.31 	reimburse 90 percent of an applicant's cost for bulk plant
151.32 	upgrades or closures completed between June 1, 1998, and
151.33 	November 1, 2003, to comply with Minnesota Rules, chapter 7151,
151.34 	provided that the board determines the costs were incurred and
151.35 	reasonable.  The reimbursement may not exceed $10,000 per bulk
151.36 	plant. The board may provide reimbursement under this paragraph
152.1 	for work completed after November 1, 2003, if the work was
152.2 	contracted for prior to that date and was not completed by that
152.3 	date as a result of an unanticipated situation, provided that an
152.4 	application for reimbursement under this sentence, which may be
152.5 	a renewal of an application previously denied, is submitted
152.6 	prior to December 31, 2005.
152.7 	(c) For corrective action at a bulk plant located on what
152.8 	is or was railroad right-of-way, the board shall reimburse 90
152.9 	percent of total reimbursable costs on the first $40,000 of
152.10 	reimbursable costs and 100 percent of any remaining reimbursable
152.11 	costs when the applicant can document that more than one bulk
152.12 	plant was operated on the same section of right-of-way, as
152.13 	determined by the commissioner of commerce.

152.14 	Sec. 30. Minnesota Statutes 2004, section 115C.09,
152.15 	subdivision 3j, is amended to read:
152.16 		Subd. 3j.Retail locations and transport vehicles.  (a)
152.17 	As used in this subdivision, "retail location" means a facility
152.18 	located in the metropolitan area as defined in section 473.121,
152.19 	subdivision 2, where gasoline is offered for sale to the general
152.20 	public for use in automobiles and trucks.  "Transport vehicle"
152.21 	means a liquid fuel cargo tank used to deliver gasoline into
152.22 	underground storage tanks during 2002 and 2003 at a retail
152.23 	location.
152.24 	(b) Notwithstanding any other provision in this chapter,
152.25 	and any rules adopted under this chapter, the board shall
152.26 	reimburse 90 percent of an applicant's cost for retrofits of
152.27 	retail locations and transport vehicles completed between
152.28 	January 1, 2001, and January 1, 2006, to comply with section
152.29 	116.49, subdivisions 3 and 4, provided that the board determines
152.30 	the costs were incurred and reasonable.  The reimbursement may
152.31 	not exceed $3,000 per retail location and $3,000 per transport
152.32 	vehicle.

152.33 	Sec. 31. Minnesota Statutes 2004, section 115C.13, is
152.34 	amended to read:
152.35 	115C.13 REPEALER.
152.36 	Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04,
153.1 	115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09,
153.2 	115C.093, 115C.094, 115C.10, 115C.11, 115C.111, 115C.112,
153.3 	115C.113, 115C.12, and 115C.13,are repealed effective June 30,
153.4 	2007 2012.

153.5 	Sec. 32. Minnesota Statutes 2004, section 116J.571, is
153.6 	amended to read:
153.7 	116J.571 CREATION OF ACCOUNTS.
153.8 	Two greater Minnesota redevelopment accounts are created,
153.9 	one in the general fund and one in the bond proceeds fund.
153.10 	Money in the accounts may be used to make grants as provided in
153.11 	section 116J.575.  Money in the bond proceeds fund may only be
153.12 	used for eligible costs for publicly owned property.  Money in
153.13 	the general fund may be used and to pay for the commissioner's
153.14 	costs in reviewing the applications and making grants.

153.15 	Sec. 33. Minnesota Statutes 2004, section 116J.572, is
153.16 	amended to read:
153.17 	116J.572 DEFINITIONS.
153.18 		Subdivision 1.Scope of application. For purposes of
153.19 	sections 116J.571 to 116J.575, the terms in this section have
153.20 	the meanings given.
153.21 		Subd. 2.Development authority. "Development authority"
153.22 	includes a statutory or home rule charter city, county, housing
153.23 	and redevelopment authority, economic development authority, or
153.24 	port authority located outside .
153.25 		Subd. 2a.Metropolitan area. "Metropolitan area" means 
153.26 	the seven-county metropolitan area, as defined in section
153.27 	473.121, subdivision 2.
153.28 		Subd. 2b.Municipality. "Municipality" means the
153.29 	statutory or home rule charter city, town, or, in the case of
153.30 	unorganized territory, county in which the redevelopment is
153.31 	located.
153.32 		Subd. 3.eligible redevelopment costs or costs.
 153.33 	" Eligible Redevelopment costs" or "costs" means the costs of
153.34 	land acquisition, stabilizing unstable soils when infill is
153.35 	required, demolition, infrastructure improvements, and ponding
153.36 	or other environmental infrastructure; building construction,
154.1 	design and engineering;and costs necessary for adaptive reuse
154.2 	of buildings, including remedial activities. Eligible costs do
154.3 	not include project administration and legal fees.
154.4 		Subd. 4.Redevelopment. "Redevelopment" means recycling
154.5 	obsolete, abandoned, or underutilized properties for new
154.6 	industrial, commercial, or residential uses.

154.7 	Sec. 34. Minnesota Statutes 2004, section 116J.574, is
154.8 	amended to read:
154.9 	116J.574 GRANT APPLICATIONS.
154.10 		Subdivision 1.Application required. To obtain a
154.11 	redevelopment grant, a development authority shall apply to the
154.12 	commissioner. The governing body of the municipality must
154.13 	approve the application by resolution.
154.14 		Subd. 2.Required content. The commissioner shall
154.15 	prescribe and provide the application form.  The application
154.16 	must include at least the following information:
154.17 	(1) identification of the site;
154.18 	(2) a redevelopment plan for the site;
154.19 	(3) a detailed budget estimate, including along with 
154.20 	necessary supporting evidence, of the total redevelopment costs
154.21 	for the site including the total eligible redevelopment costs;
154.22 	(3) a complete (4) an assessment of the development
154.23 	potential or likely use of the site after completion of the 
154.24 	redevelopment plan, including any specific commitments from
154.25 	third parties to construct improvements on the site;
154.26 	(4) a complete financing plan, including (5) the manner in
154.27 	which the development authority uses innovative financial
154.28 	partnerships between government, private for-profit, and
154.29 	nonprofit sectors municipality will meet the local match
154.30 	requirement; and
154.31 	(5) (6) any additional information or material that the
154.32 	commissioner prescribes.

154.33 	Sec. 35. Minnesota Statutes 2004, section 116J.575, is
154.34 	amended to read:
154.35 	116J.575 GRANTS.
154.36 		Subdivision 1.Commissioner discretion. The commissioner
155.1 	may make a grant for up to 50 percent of the eligible costs of a
155.2 	project.  The determination of whether to make a grant for a
155.3 	site is within the discretion of the commissioner, subject to
155.4 	this section and sections 116J.571 to 116J.574 and available
155.5 	unencumbered money in the greater Minnesota redevelopment
155.6 	account.  The commissioner's decisions and application of the
155.7 	priorities under this section are not subject to judicial
155.8 	review, except for abuse of discretion.
155.9 		Subd. 1a.Priorities. (a) If applications for grants
155.10 	exceed the available appropriations, grants shall be made for
155.11 	sites that, in the commissioner's judgment, provide the highest
155.12 	return in public benefits for the public costs incurred.
155.13 	"Public benefits" include job creation, bioscience development,
155.14 	environmental benefits to the state and region, efficient use of
155.15 	public transportation, efficient use of existing infrastructure,
155.16 	provision of affordable housing, multiuse development that
155.17 	constitutes community rebuilding rather than single-use
155.18 	development, crime reduction, blight reduction, community
155.19 	stabilization, and property tax base maintenance or
155.20 	improvement.  In making this judgment, the commissioner shall
155.21 	give priority to redevelopment projects with one or more of the
155.22 	following characteristics:
155.23 	(1) the need for redevelopment in conjunction with
155.24 	contamination remediation needs;
155.25 	(2) the redevelopment project meets current tax increment
155.26 	financing requirements for a redevelopment district and tax
155.27 	increments will contribute to the project;
155.28 	(3) the redevelopment potential within the municipality;
155.29 	(4) proximity to public transit if located in the
155.30 	metropolitan area; and 
155.31 	(5) multijurisdictional projects that take into account the
155.32 	need for affordable housing, transportation, and environmental
155.33 	impact.
155.34 	(b) The factors in paragraph (a) are not listed in a rank
155.35 	order of priority; rather, the commissioner may weigh each
155.36 	factor, depending upon the facts and circumstances, as the
156.1 	commissioner considers appropriate.
156.2 		Subd. 2.Application cycles. In making grants, the
156.3 	commissioner shall establish semiannual application deadlines in
156.4 	which grants will be authorized from all or part of the
156.5 	available money in the account.
156.6 		Subd. 3.Match required. In order to qualify for a grant
156.7 	under sections 116J.571 to 116J.575, the municipality must pay
156.8 	for at least one-half of the redevelopment costs as a local
156.9 	match from any money available to the municipality.

156.10 	Sec. 36. Minnesota Statutes 2004, section 116L.20,
156.11 	subdivision 1, is amended to read:
156.12 		Subdivision 1.Determination and collection of special
156.13 	assessment.  (a) In addition to amounts due from an employer
156.14 	under the Minnesota unemployment insurance program, each
156.15 	employer, except an employer making reimbursements is liable for
156.16 	a special assessment levied at the rate of seven-hundredths 
156.17 	one-tenth of one percent per year on all taxable wages, as
156.18 	defined in section 268.035, subdivision 24. If the commissioner
156.19 	of employment and economic development determines that the need
156.20 	for services under the dislocated worker program substantially
156.21 	exceeds the resources that will be available for that program,
156.22 	the commissioner may increase the fee to no more than 12/100 of
156.23 	one percent of taxable wages.The assessment shall become due
156.24 	and be paid by each employer on the same schedule and in the
156.25 	same manner as other amounts due from an employer under section
156.26 	268.051, subdivision 1.
156.27 	(b) The special assessment levied under this section shall
156.28 	be subject to the same requirements and collection procedures as
156.29 	any amounts due from an employer under the Minnesota
156.30 	unemployment insurance program.
156.31 	
EFFECTIVE DATE. This section is effective January 1, 2006.

156.32 	Sec. 37. Minnesota Statutes 2004, section 116L.30,
156.33 	subdivision 1, is amended to read:
156.34 		Subdivision 1.Grants.  The commissioner may make grants
156.35 	to nonprofit agencies administering youth intervention programs
156.36 	in communities where the programs are or may be established.
157.1 	"Youth intervention program" means a nonresidential
157.2 	community-based program providing advocacy, education,
157.3 	counseling, mentoring,and referral services to youth and their
157.4 	families experiencing personal, familial, school, legal, or
157.5 	chemical problems with the goal of resolving the present
157.6 	problems and preventing the occurrence of the problems in the
157.7 	future. The purpose of the youth intervention program is to
157.8 	provide an ongoing, stable funding source to community-based
157.9 	early intervention programs for youth.  Program design may be
157.10 	different for the grantees depending on youth needs in the
157.11 	communities being served.

157.12 	Sec. 38. Minnesota Statutes 2004, section 116L.30,
157.13 	subdivision 2, is amended to read:
157.14 		Subd. 2.Applications.  Applications for a grant-in-aid
157.15 	shall be made by the administering agency to the commissioner.
157.16 	The grant-in-aid is contingent upon the agency having obtained
157.17 	from the community in which the youth intervention program is
157.18 	established local matching money two times the amount of the
157.19 	grant that is sought. The purpose of the matching requirement
157.20 	is to leverage the investment of state and community dollars in
157.21 	supporting the efforts of the grantees to provide early
157.22 	intervention services to youth and their families.
157.23 	The commissioner shall provide the application form,
157.24 	procedures for making application form applications, criteria
157.25 	for review of the application, and kinds of contributions in
157.26 	addition to cash that qualify as local matching money.  No grant
157.27 	to any agency may exceed $50,000.

157.28 	Sec. 39. Minnesota Statutes 2004, section 116L.30, is
157.29 	amended by adding a subdivision to read:
157.30 		Subd. 3.Grant allocation formula. Up to one percent of
157.31 	the appropriations to the grants-in-aid to the youth
157.32 	intervention program may be used for a grant to the Minnesota
157.33 	Youth Intervention Programs Association for expenses in
157.34 	providing collaborative training and technical assistance to
157.35 	community-based grantees.

157.36 	Sec. 40. Minnesota Statutes 2004, section 116L.30, is
158.1 	amended by adding a subdivision to read:
158.2 		Subd. 4.Administrative costs. The commissioner may use
158.3 	up to two percent of the biennial appropriation for
158.4 	grants-in-aid to the youth intervention program to pay costs
158.5 	incurred by the department in administering the grants.

158.6 	Sec. 41. [116P.081] MINNESOTA EARLY STAGE VENTURE CAPITAL
158.7 	INVESTMENTS.
158.8 	(a) For purposes of this section, "Minnesota early stage
158.9 	company" means an early stage company with its headquarters and
158.10 	principal place of business located in this state.
158.11 	(b) Until June 30, 2019, the State Board of Investment must
158.12 	invest at least $25,000,000 of the principal of the Minnesota
158.13 	environmental and natural resources trust fund in early stage
158.14 	venture capital investments, subject to the following conditions:
158.15 	(1) the board may not make initial investments of more than
158.16 	a total of $50,000,000 under this section;
158.17 	(2) each separate investment vehicle must commit 50 percent
158.18 	or more of its assets to investments in Minnesota early stage
158.19 	companies;
158.20 	(3) the board's investment may not exceed 50 percent of the
158.21 	total investment in an investment vehicle;
158.22 	(4) no new investment vehicles may be purchased after June
158.23 	30, 2008; and 
158.24 	(5) the board may reinvest returns from investments made
158.25 	under this section.
158.26 	The board may set evaluation criteria for investment
158.27 	vehicles and fund managers of investments under this section
158.28 	different from those it uses for other investments.
158.29 	(c) This section expires August 1, 2019.

158.30 	EFFECTIVE DATE. This section is effective the day
158.31 	following final enactment.

158.32 	Sec. 42. Minnesota Statutes 2004, section 129D.02,
158.33 	subdivision 3, is amended to read:
158.34 		Subd. 3.Compensation.  Members shall be compensated at
158.35 	the rate of $35 per day spent on board activities.  In addition,
158.36 	members shall receive reimbursement for expenses in the same
159.1 	manner and amount as state employees.  Employees of the state or
159.2 	its political subdivisions shall not be entitled to the per
159.3 	diem, but they shall suffer no loss in compensation or benefits
159.4 	as a result of service on the board.  Members not entitled to
159.5 	the per diem shall receive expenses as provided in this
159.6 	subdivision unless the expenses are reimbursed from another
159.7 	source as provided in section 15.0575, subdivision 3.

159.8 	Sec. 43. Minnesota Statutes 2004, section 161.1419,
159.9 	subdivision 2, is amended to read:
159.10 		Subd. 2.Members.  (a) The commission shall be composed
159.11 	of 15 members of whom:
159.12 	(1) one shall be appointed by the commissioner of
159.13 	transportation;
159.14 	(2) one shall be appointed by the commissioner of natural
159.15 	resources;
159.16 	(3) one shall be appointed by the commissioner of
159.17 	employment and economic development director of Explore
159.18 	Minnesota Tourism;
159.19 	(4) one shall be appointed by the commissioner of
159.20 	agriculture;
159.21 	(5) one shall be appointed by the director of the Minnesota
159.22 	Historical Society;
159.23 	(6) two shall be members of the senate to be appointed by
159.24 	the Committee on Committees;
159.25 	(7) two shall be members of the house of representatives to
159.26 	be appointed by the speaker;
159.27 	(8) one shall be the secretary appointed pursuant to
159.28 	subdivision 3; and
159.29 	(9) five shall be citizen members appointed by five citizen
159.30 	committees established by the members appointed under clauses
159.31 	(1) to (8), with each citizen committee established within and
159.32 	representing each of the following geographic segments along the
159.33 	Mississippi River:
159.34 	(i) Lake Itasca to but not including the city of Grand
159.35 	Rapids;
159.36 	(ii) Grand Rapids to but not including the city of
160.1 	Brainerd;
160.2 	(iii) Brainerd to but not including the city of Elk River;
160.3 	(iv) Elk River to but not including the city of Hastings;
160.4 	and
160.5 	(v) Hastings to the Iowa border.
160.6 	Each citizen committee member shall be a resident of the
160.7 	geographic segment that the committee and member represents.
160.8 	(b) The members of the commission shall serve for a term
160.9 	expiring at the close of each regular session of the legislature
160.10 	and until their successors are appointed.  Successor members
160.11 	shall be appointed by the same appointing authorities.  Members
160.12 	may be reappointed.  Any vacancy shall be filled by the
160.13 	appointing authority.  The commissioner of transportation, the
160.14 	commissioner of natural resources, and the director of the
160.15 	Minnesota Historical Society shall be ex officio members, and
160.16 	shall be in addition to the 15 members heretofore provided for.
160.17 	Immediately upon making the appointments to the commission the
160.18 	appointing authorities shall so notify the Mississippi River
160.19 	Parkway Commission, hereinafter called the National Commission,
160.20 	giving the names and addresses of the members so appointed.

160.21 	Sec. 44. Minnesota Statutes 2004, section 161.1419, is
160.22 	amended by adding a subdivision to read:
160.23 		Subd. 3a.Gifts, grants, and endowments. The commission
160.24 	may accept gifts of money, property, or services; may apply for
160.25 	and accept grants from the United States, the state, a
160.26 	subdivision of the state, or a person for any of its purposes;
160.27 	may enter into an agreement required in connection with it; and
160.28 	may hold, use, and dispose of the money, property, or services
160.29 	in accordance with the terms of the gift, grant, or agreement
160.30 	relating to it.  The commission may also make grants, gifts, and
160.31 	bequests of money, property, or services and enter into
160.32 	contracts to carry out the same.  The gift acceptance procedures
160.33 	of sections 16A.013 to 16A.016 do not apply to this section.
160.34 	
EFFECTIVE DATE. This section is effective the day
160.35 	following final enactment.

160.36 	Sec. 45. Minnesota Statutes 2004, section 176.136,
161.1 	subdivision 1a, is amended to read:
161.2 		Subd. 1a.Relative value fee schedule.  The liability of
161.3 	an employer for services included in the medical fee schedule is
161.4 	limited to the maximum fee allowed by the schedule in effect on
161.5 	the date of the medical service, or the provider's actual fee,
161.6 	whichever is lower.  The medical fee schedule effective on
161.7 	October 1, 1991, remains in effect until the commissioner adopts
161.8 	a new schedule by permanent rule.  The commissioner shall adopt
161.9 	permanent rules regulating fees allowable for medical,
161.10 	chiropractic, podiatric, surgical, and other health care
161.11 	provider treatment or service, including those provided to
161.12 	hospital outpatients, by implementing a relative value fee
161.13 	schedule to be effective on October 1, 1993.  The commissioner
161.14 	may adopt by reference the relative value fee schedule adopted
161.15 	for the federal Medicare program or a relative value fee
161.16 	schedule adopted by other federal or state agencies.  The
161.17 	relative value fee schedule must may contain reasonable
161.18 	classifications including, but not limited to, classifications
161.19 	that differentiate among health care provider disciplines. The
161.20 	conversion factors for the original relative value fee schedule
161.21 	must reasonably reflect a 15 percent overall reduction from the
161.22 	medical fee schedule most recently in effect.  The reduction
161.23 	need not be applied equally to all treatment or services, but
161.24 	must represent a gross 15 percent reduction The rules must
161.25 	provide that chiropractors and physical therapists have the same
161.26 	provider group designation as medical physicians and have the
161.27 	same maximum fee allowed as medical physicians for the same
161.28 	patient interventions.
161.29 	After permanent rules have been adopted to implement this
161.30 	section, the conversion factors must be adjusted annually on
161.31 	October 1 by no more than the percentage change computed under
161.32 	section 176.645, but without the annual cap provided by that
161.33 	section.  The commissioner shall annually give notice in the
161.34 	State Register of the adjusted conversion factors and may also
161.35 	give annual notice of any additions, deletions, or changes to
161.36 	the relative value units or service codes adopted by the federal
162.1 	Medicare program.  The relative value units may be statistically
162.2 	adjusted in the same manner as for the original workers'
162.3 	compensation relative value fee schedule.  The notices of the
162.4 	adjusted conversion factors and additions, deletions, or changes
162.5 	to the relative value units and service codes is in lieu of the
162.6 	requirements of chapter 14.  The commissioner shall follow the
162.7 	requirements of section 14.386, paragraph (a).  The annual
162.8 	adjustments to the conversion factors and the medical fee
162.9 	schedules adopted under this section, including all previous fee
162.10 	schedules, are not subject to expiration under section 14.386,
162.11 	paragraph (b).

162.12 	Sec. 46. [181.722] MISREPRESENTATION OF EMPLOYMENT
162.13 	RELATIONSHIP PROHIBITED.
162.14 		Subdivision 1.Prohibition. No employer shall
162.15 	misrepresent the nature of its employment relationship with its
162.16 	employees to any federal, state, or local government unit, to
162.17 	other employers or to its employees.  An employer misrepresents
162.18 	the nature of its employment relationship with its employees if
162.19 	it makes any statement regarding the nature of the relationship
162.20 	that the employer knows or has reason to know is untrue and if
162.21 	it fails to report individuals as employees when legally
162.22 	required to do so.
162.23 		Subd. 2.Agreements to misclassify prohibited. No
162.24 	employer shall require or request any employee to enter into any
162.25 	agreement, or sign any document, that results in
162.26 	misclassification of the employee as an independent contractor
162.27 	or otherwise does not accurately reflect the employment
162.28 	relationship with the employer.
162.29 		Subd. 3.Determination of employment relationship. For
162.30 	purposes of this section, the nature of an employment
162.31 	relationship is determined using the same tests and in the same
162.32 	manner as employee status is determined under the applicable
162.33 	workers' compensation and unemployment insurance program laws
162.34 	and rules.
162.35 		Subd. 4.Reporting of violations. Any court finding that
162.36 	a violation of this section has occurred shall transmit a copy
163.1 	of the documentation of the finding to the commissioner of labor
163.2 	and industry.  The commissioner of labor and industry shall
163.3 	report the finding to relevant state and federal agencies,
163.4 	including at least the commissioner of commerce, the
163.5 	commissioner of employment and economic development, the
163.6 	commissioner of revenue, the federal Internal Revenue Service,
163.7 	and the United States Department of Labor.
163.8 		Subd. 5.Civil remedy. An individual not a contractor
163.9 	injured by a violation of this section may bring an action for
163.10 	damages against the violator.  The court may award attorney
163.11 	fees, costs, and disbursements to a party recovering under this
163.12 	section.  If the individual injured is an employee of the
163.13 	violator of this section, the employee's representative, as
163.14 	defined in section 179.01, subdivision 5, may bring an action
163.15 	for damages against the violator on behalf of the employee.

163.16 	Sec. 47. Minnesota Statutes 2004, section 183.41, is
163.17 	amended by adding a subdivision to read:
163.18 		Subd. 4.Annual permit. The commissioner shall issue an
163.19 	annual permit to a boat for the purpose of carrying passengers
163.20 	for hire on the inland waters of the state provided the boat
163.21 	satisfies the inspection requirements of this section.  A boat
163.22 	subject to inspection under this chapter shall be registered
163.23 	with the Division of Boiler Inspection and shall be inspected
163.24 	before a permit may be issued.

163.25 	Sec. 48. Minnesota Statutes 2004, section 183.411,
163.26 	subdivision 2a, is amended to read:
163.27 		Subd. 2a.Inspection fees.  The commissioner may set fees 
163.28 	fee for inspecting traction engines, show boilers, and show
163.29 	engines shall be the hourly rate pursuant to section
163.30 	16A.1285 183.545, subdivision 3a.

163.31 	Sec. 49. Minnesota Statutes 2004, section 183.411,
163.32 	subdivision 3, is amended to read:
163.33 		Subd. 3.Licenses.  A license to operate steam farm
163.34 	traction engines, portable and stationary show engines and
163.35 	portable and stationary show boilers shall be issued to an
163.36 	applicant who:
164.1 	(a) (1) is 18 years of age or older;
164.2 	(b) (2) has a licensed second class or higher class
164.3 	engineer or steam traction (hobby) engineer sign the affidavit
164.4 	attesting to the applicant's competence in operating said
164.5 	devices;
164.6 	(c) (3) passes a written test for competence in operating
164.7 	said devices;
164.8 	(d) (4) has at least 25 hours of actual operating
164.9 	experience on said devices; and
164.10 	(e) (5) pays the required fee.
164.11 	A license shall be valid for the lifetime of the licensee.
164.12 	A onetime fee set by the commissioner pursuant to section
164.13 	16A.1285 183.545, subdivision 4, shall be charged for the
164.14 	license.

164.15 	Sec. 50. Minnesota Statutes 2004, section 183.42, is
164.16 	amended to read:
164.17 	183.42 INSPECTION EACH YEAR AND REGISTRATION.
164.18 		Subdivision 1.Inspection. Every owner, lessee, or other
164.19 	person having charge of boilers,or pressure vessels, or any
164.20 	boat subject to inspection under this chapter shall cause them
164.21 	to be inspected by the Division of Boiler Inspection.
164.22 	Boilers and boats subject to inspection under this chapter must
164.23 	be inspected at least annually and pressure vessels inspected at
164.24 	least every two years except as provided under section
164.25 	183.45. A person who fails to have the inspection required by
164.26 	this section shall pay to the commissioner a penalty in the
164.27 	amount of the cost of inspection up to a maximum of $1,000.The
164.28 	commissioner shall assess a $250 penalty per applicable boiler
164.29 	or pressure vessel for failure to have the inspection required
164.30 	by this section and may seal the boiler or pressure vessel for
164.31 	refusal to allow an inspection as required by this section.
164.32 		Subd. 2.Registration. Every owner, lessee, or other
164.33 	person having charge of boilers or pressure vessels subject to
164.34 	inspection under this chapter shall register said objects with
164.35 	the Division of Boiler Inspection.  The registration shall be
164.36 	renewed annually and is applicable to each object separately.
165.1 	The fee for registration of a boiler or pressure vessel shall be
165.2 	pursuant to section 183.545, subdivision 10.  The Division of
165.3 	Boiler Inspection may issue a billing statement for each boiler
165.4 	and pressure vessel on record with the division, and may
165.5 	determine a monthly schedule of billings to be followed for
165.6 	owners, lessees, or other persons having charge of a boiler or
165.7 	pressure vessel subject to inspection under this chapter.
165.8 		Subd. 3.Certificate of registration. The Division of
165.9 	Boiler Inspection shall issue a certificate of registration that
165.10 	lists the boilers and pressure vessels at the location,
165.11 	expiration date of the certificate of registration, last
165.12 	inspection date of each boiler and pressure vessel, and maximum
165.13 	allowable working pressure for each boiler and pressure vessel.
165.14 	The commissioner may make an electronic certificate of
165.15 	registration available to be printed by the owner, lessee, or
165.16 	other person having charge of the boiler or pressure vessel.

165.17 	Sec. 51. Minnesota Statutes 2004, section 183.44,
165.18 	subdivision 1, is amended to read:
165.19 		Subdivision 1.Masters and pilots.  The Division of
165.20 	Boiler Inspection commissioner or the commissioner's designee 
165.21 	shall examine all masters and pilots of boats and vessels
165.22 	carrying passengers for hire on the inland waters of the state
165.23 	as to their qualifications and fitness.  If found trustworthy 
165.24 	qualified and competent to perform their duties as a master or
165.25 	pilot of a boat carrying passengers for hire,they shall be
165.26 	given issued a certificate license authorizing them to act as
165.27 	such on the inland waters of the state. The license shall be
165.28 	renewed annually.  Fees for the original issue and renewal of
165.29 	the license authorized under this section shall be pursuant to
165.30 	section 183.545, subdivision 2.

165.31 	Sec. 52. Minnesota Statutes 2004, section 183.51,
165.32 	subdivision 2, is amended to read:
165.33 		Subd. 2.Applications.  Any person who desires an
165.34 	engineer's license shall make submit a written application, on
165.35 	blanks furnished by the inspector.  The person shall also
165.36 	successfully pass a written examination for such grade of
166.1 	license applied for commissioner or designee, at least 15 days
166.2 	before the requested exam date.  The application is valid for
166.3 	one year from the date the commissioner or designee received the
166.4 	application.

166.5 	Sec. 53. Minnesota Statutes 2004, section 183.51, is
166.6 	amended by adding a subdivision to read:
166.7 		Subd. 2a.Examinations. Each applicant for a license
166.8 	must pass an examination approved by the commissioner.  The
166.9 	examinations shall be of sufficient scope to establish the
166.10 	competency of the applicant to operate a boiler of the
166.11 	applicable license class and grade.

166.12 	Sec. 54. Minnesota Statutes 2004, section 183.545, is
166.13 	amended to read:
166.14 	183.545 FEES FOR INSPECTION.
166.15 		Subdivision 1.Fee amount; vessels operated on inland
166.16 	waters. The fees for the inspection of the hull, boiler,
166.17 	machinery, and equipments of vessels are to be set by the
166.18 	commissioner pursuant to section 16A.1285, for vessels of 50
166.19 	tons burden or over and vessels of less than 50 tons
166.20 	burden.operated on inland waters and that carry passengers for
166.21 	hire are as follows:
166.22 	(1) annual operating permit and safety inspections shall be
166.23 	$200; and 
166.24 	(2) other inspections, including dry-dock inspections, boat
166.25 	stability tests, and plan reviews, are billed at the hourly rate
166.26 	set in subdivision 3a.
166.27 		Subd. 2.Fee amounts; masters and pilots. The
166.28 	commissioner shall, pursuant to section 16A.1285, set
166.29 	the license and application fee for an examination of an
166.30 	applicant for a master's or pilot's license is $50, for an or
166.31 	$20 if the applicant possesses a valid, unlimited, current
166.32 	United States Coast Guard master's or pilot's license.  The 
166.33 	annual renewal of a master's or a pilot's license, and for an is
166.34 	$20.  The annual renewal if paid later than ten 30 days after
166.35 	expiration is $35.  The fee for replacement of a current, valid
166.36 	license is $20.
167.1 		Subd. 3.boiler and pressure vessel inspection fees. The
167.2 	fees for the annual inspection of boilers and biennial
167.3 	inspection of pressure vessels are to be set by the commissioner
167.4 	pursuant to section 16A.1285, for as follows:
167.5 	(a) (1) boiler inaccessible for internal inspection, $55;
167.6 	(b) (2) boiler accessible for internal inspection, $55;
167.7 	(c) (3) boiler internal inspection over 2,000 square feet
167.8 	heating surface shall be billed at the hourly rate set in
167.9 	subdivision 3a;
167.10 	(d) boiler internal inspection over 4,000 square feet
167.11 	heating surface;
167.12 	(e) boiler internal inspection over 10,000 square feet
167.13 	heating surface;
167.14 	(f) (4) boiler accessible for internal inspection requiring
167.15 	one-half day or more of inspection time shall be billed at the
167.16 	established shop inspection fee hourly rate set in subdivision
167.17 	3a;
167.18 	(g) (5) pressure vessel for internal inspection via manhole
167.19 	, $35; and
167.20 	(h) (6) pressure vessel inaccessible for internal
167.21 	inspection, $35.
167.22 	An additional fee based on the scale of fees applicable to
167.23 	an inspection shall be charged when it is necessary to make a
167.24 	special trip for a hydrostatic test of a boiler or pressure
167.25 	vessel.
167.26 		Subd. 3a.Hourly rate. The commissioner shall, pursuant
167.27 	to section 16A.1285, set shop inspection fees hourly rate for an
167.28 	inspection not set elsewhere in this chapter is $80 per hour.
167.29 	Inspection time includes all time related to the shop 
167.30 	inspection. Travel time, billed at the hourly rate, and travel
167.31 	expenses shall be billed for shop inspections, triennial audits,
167.32 	boat stability tests, hydrostatic tests of a boiler or pressure
167.33 	vessel, or any other inspection or consultation requiring a
167.34 	special trip.
167.35 		Subd. 4.applicants boiler engineer license fees. The
167.36 	commissioner shall, pursuant to section 16A.1285, set the fee
168.1 	for an examination of an applicant For the following licenses,
168.2 	the nonrefundable license and application fee is:
168.3 	(a) (1) chief engineer's license, $50;
168.4 	(b) (2) first class engineer's license, $50;
168.5 	(c) (3) second class engineer's license, $50;
168.6 	(d) (4) special engineer's license, $20; and 
168.7 	(e) (5) traction or hobby boiler engineer's license; and ,
168.8 	$50.
168.9 	(f) pilot's license.
168.10 	If an applicant, after an examination, is entitled to
168.11 	receive a license, it shall be issued without the payment of any
168.12 	additional charge.  Any license so issued expires one year after
168.13 	the date of its issuance.An engineer's license may be renewed
168.14 	upon application therefor and the payment of an annual renewal
168.15 	fee as set by the commissioner pursuant to section 16A.1285of
168.16 	$20. The annual renewal, if paid later than 30 days after
168.17 	expiration, is $35.  The fee for replacement of a current, valid
168.18 	license is $20.
168.19 		Subd. 6.National board inspectors. The fee for an
168.20 	examination of an applicant for a National Board of Boiler and
168.21 	Pressure Vessels Inspectors commission shall be set by the
168.22 	commissioner pursuant to section 16A.1285is $100.
168.23 		Subd. 7.Nuclear endorsement. The fee for each
168.24 	examination of an applicant for a National Board of Boiler and
168.25 	Pressure Vessels commissioned inspectors nuclear endorsement
168.26 	shall be set by the commissioner pursuant to section 16A.1285is
168.27 	$100.
168.28 		Subd. 8.Certificate of competency. The fee for issuance
168.29 	of the original state of Minnesota certificate of competency for
168.30 	inspectors shall be set by the commissioner pursuant to section
168.31 	16A.1285 is $50.  This fee is waived for inspectors who paid the
168.32 	examination fee.  The fee for an annual renewal of the state of
168.33 	Minnesota certificate of competency shall be set by the
168.34 	commissioner pursuant to section 16A.1285is $35, and is due
168.35 	January 1 of each year. The fee for replacement of a current,
168.36 	valid license is $35.
169.1 		Subd. 9.Deposit of fees. Fees received under this
169.2 	section and section 183.57must be deposited in the state
169.3 	treasury and credited to the general fund.
169.4 		Subd. 10.Boiler and pressure vessel registration
169.5 	fee. The annual registration fee for boilers and pressure
169.6 	vessels in use and required to be inspected per section 183.42
169.7 	shall be $10 per boiler and pressure vessel.

169.8 	Sec. 55. Minnesota Statutes 2004, section 183.57, is
169.9 	amended to read:
169.10 	183.57 REPORT OF INSURER; EXEMPTION FROM INSPECTION.
169.11 		Subdivision 1.Report required. Any insurance company
169.12 	insuring boilers and pressure vessels in this state shall make a
169.13 	written file a report thereof showing the date of inspection,
169.14 	the name of the person making the inspection, the condition of
169.15 	the boiler or pressure vessel as disclosed by the inspection,
169.16 	whether the same is boiler was operated by a properly licensed
169.17 	engineer, and whether a policy of insurance has been issued by
169.18 	the company with reference to the boiler or pressure vessel, and
169.19 	other information as directed by the chief boiler inspector.
169.20 	Within 15 21 days after the inspection, the insurance company
169.21 	shall mail a copy of file the report to with the chief boiler
169.22 	inspector and or designee.  The insurer shall provide a copy of
169.23 	the report to the person, firm, or corporation owning or
169.24 	operating the inspected boiler or pressure vessel inspected.
169.25 	Such report shall be made annually for boilers and biennially
169.26 	for pressure vessels.
169.27 		Subd. 2.Exemption. Every boiler or pressure vessel as
169.28 	to which any insurance company authorized to do business in this
169.29 	state has issued a policy of insurance, after the inspection
169.30 	thereof, is exempt from inspection by the department made under
169.31 	sections 183.375 to 183.62, while the same continues to be
169.32 	insured and provided it continues to be inspected in accordance
169.33 	with the inspection schedule set forth in sections 183.42 and
169.34 	183.45,and the person, firm, or corporation owning or operating
169.35 	the same has an unexpired certificate of exemption from
169.36 	inspection, issued by the chief boiler
170.1 	inspector registration. The fee set by the commissioner
170.2 	pursuant to section 16A.1285, on the first object inspected and
170.3 	on each object thereafter shall apply to each exempt object.  A
170.4 	certificate of exemption expires one year from date of issue.
170.5 	The certificate of exemption shall be posted in a conspicuous
170.6 	place near the boiler or pressure vessel or in the plant office
170.7 	or boiler room described therein and to which it relates.  Every
170.8 	insurance company shall give written notice to the chief boiler
170.9 	inspector of the cancellation or expiration of every policy of
170.10 	insurance issued by it with reference to policies in this state,
170.11 	and the cause or reason for the cancellation or expiration.
170.12 	These notices of cancellation or expiration shall show the date
170.13 	of the policy and the date when the cancellation has or will
170.14 	become effective.
170.15 		Subd. 4.Certificate of exemption. The Division of
170.16 	Boiler Inspection may issue a billing and exemption certificate
170.17 	for each boiler and pressure vessel which the division records
170.18 	indicate shall be or has been inspected by an insurance company
170.19 	which is providing coverage for the boilers and pressure
170.20 	vessels.  The division may determine the monthly schedule of the
170.21 	billings to be followed for each business insured.
170.22 		Subd. 5.Notice of insurance coverage. The insurer shall
170.23 	notify the commissioner or designee in writing of its policy to
170.24 	insure and inspect boilers and pressure vessels at a location
170.25 	within 30 days of the effective date of insurance coverage,
170.26 	including binders.  The insurer must also provide a duplicate of
170.27 	the notification to the insured.
170.28 		Subd. 6.Notice of discontinued coverage. The insurer
170.29 	shall notify the commissioner or designee in writing, within 30
170.30 	days of the effective date, of the discontinuation of insurance
170.31 	coverage of the boilers and pressure vessels at a location and
170.32 	the cause or reason for the discontinuation.  This notice shall
170.33 	show the effective date when the discontinued policy takes
170.34 	effect.
170.35 		Subd. 7.Penalties. The commissioner shall assess upon
170.36 	the insurer a $50 penalty, per applicable boiler and pressure
171.1 	vessel, for failing to submit an inspection report or notify the
171.2 	commissioner of insurance coverage or discontinuation of
171.3 	insurance coverage as set forth in this section.  The
171.4 	commissioner shall assess upon the insurer a penalty of $100,
171.5 	per applicable boiler and pressure vessel, for failing to
171.6 	conduct the required in-service inspection within 120 days after
171.7 	the inspection was due in accordance with section 183.42.

171.8 	Sec. 56. Minnesota Statutes 2004, section 216B.2424,
171.9 	subdivision 1, is amended to read:
171.10 		Subdivision 1.Farm-grown closed-loop biomass.  (a) For
171.11 	the purposes of this section, "farm-grown closed-loop biomass"
171.12 	means biomass, as defined in section 216C.051, subdivision 7,
171.13 	that:
171.14 	(1) is intentionally cultivated, harvested, and prepared
171.15 	for use, in whole or in part, as a fuel for the generation of
171.16 	electricity;
171.17 	(2) when combusted, releases an amount of carbon dioxide
171.18 	that is less than or approximately equal to the carbon dioxide
171.19 	absorbed by the biomass fuel during its growing cycle; and
171.20 	(3) is fired in a new or substantially retrofitted electric
171.21 	generating facility that is:
171.22 	(i) located within 400 miles of the site of the biomass
171.23 	production; and
171.24 	(ii) designed to use biomass to meet at least 75 percent of
171.25 	its fuel requirements.
171.26 	(b) The legislature finds that the negative environmental
171.27 	impacts within 400 miles of the facility resulting from
171.28 	transporting and combusting the biomass are offset in that
171.29 	region by the environmental benefits to air, soil, and water of
171.30 	the biomass production.
171.31 	(c) Among the biomass fuel sources that meet the
171.32 	requirements of paragraph (a), clause clauses (1) and (2) are
171.33 	poplar, aspen, willow, switch grass, sorghum, alfalfa, and 
171.34 	cultivated prairie grass and sustainably managed woody biomass.
171.35 	(d) For the purpose of this section, "sustainably managed
171.36 	woody biomass" means:
172.1 	(1) brush, trees, and other biomass harvested from within
172.2 	designated utility, railroad, and road rights-of-way;
172.3 	(2) upland and lowland brush harvested from lands
172.4 	incorporated into brushland habitat management activities of the
172.5 	Minnesota Department of Natural Resources;
172.6 	(3) upland and lowland brush harvested from lands managed
172.7 	in accordance with Minnesota Department of Natural Resources
172.8 	"Best Management Practices for Managing Brushlands";
172.9 	(4) logging slash or waste wood that is created by harvest,
172.10 	precommercial timber stand improvement to meet silvicultural
172.11 	objectives, or by fire, disease, or insect control treatments,
172.12 	and that is managed in compliance with the Minnesota Forest
172.13 	Resources Council's "Sustaining Minnesota Forest Resources:
172.14 	Voluntary Site-Level Forest Management Guidelines for
172.15 	Landowners, Loggers and Resource Managers" as modified by the
172.16 	requirement of this subdivision; and 
172.17 	(5) trees or parts of trees that do not meet the
172.18 	utilization standards for pulpwood, posts, bolts, or sawtimber
172.19 	as described in the Minnesota Department of Natural Resources
172.20 	Division of Forestry Timber Sales Manual, 1998, as amended as of
172.21 	May 1, 2005, and the Minnesota Department of Natural Resources
172.22 	Timber Scaling Manual, 1981, as amended as of May 1, 2005,
172.23 	except as provided in paragraph (a), clause (1), and this
172.24 	paragraph, clauses (1) to (3).

172.25 	Sec. 57. Minnesota Statutes 2004, section 216B.2424, is
172.26 	amended by adding a subdivision to read:
172.27 		Subd. 1a.Municipal waste-to-energy project. (a) This
172.28 	subdivision applies only to a biomass project owned or
172.29 	controlled, directly or indirectly, by two municipal utilities
172.30 	as described in subdivision 5a, paragraph (b).
172.31 	(b) Woody biomass from state-owned land must be harvested
172.32 	in compliance with an adopted management plan and a program of
172.33 	ecologically based third-party certification.
172.34 	(c) The project must prepare a fuel plan on an annual basis
172.35 	after commercial operation of the project as described in the
172.36 	power contract between the project and the public utility, and
173.1 	must also prepare annually certificates reflecting the types of
173.2 	fuel used in the preceding year by the project, as described in
173.3 	the power contract.  The fuel plans and certificates shall also
173.4 	be filed with the Minnesota Department of Natural Resources and
173.5 	the Minnesota Department of Commerce within 30 days after being
173.6 	provided to the public utility, as provided by the power
173.7 	contract.  Any person who believes the fuel plans, as amended,
173.8 	and certificates show that the project does not or will not
173.9 	comply with the fuel requirements of this subdivision may file a
173.10 	petition with the commission seeking such a determination.
173.11 	(d) The wood procurement process must utilize third-party
173.12 	audit certification systems to verify that applicable best
173.13 	management practices were utilized in the procurement of the
173.14 	sustainably managed biomass.  If there is a failure to so verify
173.15 	in any two consecutive years during the original contract term,
173.16 	the farm-grown closed-loop biomass requirements of subdivision 2
173.17 	must be increased to 50 percent for the remaining contract term
173.18 	period; however, if in two consecutive subsequent years after
173.19 	the increase has been implemented, it is verified that the
173.20 	conditions in this subdivision have been met, then for the
173.21 	remaining original contract term the closed-loop biomass mandate
173.22 	reverts to 25 percent.  If there is a subsequent failure to
173.23 	verify in a year after the first failure and implementation of
173.24 	the 50 percent requirement, then the closed-loop percentage
173.25 	shall remain at 50 percent for each remaining year of the
173.26 	contract term.
173.27 	(e) In the closed-loop plantation, no transgenic plants may
173.28 	be used.
173.29 	(f) No wood may be harvested from any lands identified by
173.30 	the final or preliminary Minnesota County Biological Survey as
173.31 	having statewide significance as native plant communities, large
173.32 	populations or concentrations of rare species, or critical
173.33 	animal habitat.
173.34 	(g) A wood procurement plan must be prepared every five
173.35 	years and public meetings must be held and written comments
173.36 	taken on the plan and documentation must be provided on why or
174.1 	why not the public inputs were used.
174.2 	(h) Guidelines or best management practices for sustainably
174.3 	managed woody biomass must be adopted by:
174.4 	(1) the Minnesota Department of Natural Resources for
174.5 	managing and maintaining brushland and open land habitat on
174.6 	public and private lands, including, but not limited to,
174.7 	provisions of sections 84.941, 84.942, and 97A.125; and 
174.8 	(2) the Minnesota Forest Resources Council for logging
174.9 	slash, using the most recent available scientific information
174.10 	regarding the removal of woody biomass from forest lands, to
174.11 	sustain the management of forest resources as defined by section
174.12 	89.001, subdivisions 8 and 9, with particular attention to soil
174.13 	productivity, biological diversity as defined by section 89A.01,
174.14 	subdivision 3, and wildlife habitat.
174.15 	These guidelines must be completed by July 1, 2007, and the
174.16 	process of developing them must incorporate public notification
174.17 	and comment.
174.18 	(i) The University of Minnesota Initiative for Renewable
174.19 	Energy and the Environment is encouraged to solicit and fund
174.20 	high-quality research projects to develop and consolidate
174.21 	scientific information regarding the removal of woody biomass
174.22 	from forest and brush lands, with particular attention to the
174.23 	environmental impacts on soil productivity, biological
174.24 	diversity, and sequestration of carbon.  The results of this
174.25 	research shall be made available to the public.
174.26 	(j) The two utilities owning or controlling, directly or
174.27 	indirectly, the biomass project described in subdivision 5a,
174.28 	paragraph (b), shall fund or obtain funding from nonstate
174.29 	sources of up to $150,000 to complete the guidelines or best
174.30 	management practices described in paragraph (h).  The
174.31 	expenditures to be funded under this paragraph do not include
174.32 	any of the expenditures to be funded under paragraph (i).

174.33 	Sec. 58. Minnesota Statutes 2004, section 216B.2424,
174.34 	subdivision 2, is amended to read:
174.35 		Subd. 2.Interim exemption.  (a) A biomass project
174.36 	proposing to use, as its primary fuel over the life of the
175.1 	project, short-rotation woody crops, may use as an interim fuel
175.2 	agricultural waste and other biomass which is not farm-grown
175.3 	closed-loop biomass for up to six years after the project's
175.4 	electric generating facility becomes operational; provided, the
175.5 	project developer demonstrates the project will use the
175.6 	designated short-rotation woody crops as its primary fuel after
175.7 	the interim period and provided the location of the interim fuel
175.8 	production meets the requirements of subdivision 1, paragraph
175.9 	(a), clause (3).
175.10 	(b) A biomass project proposing to use, as its primary fuel
175.11 	over the life of the project, short-rotation woody crops, may
175.12 	use as an interim fuel agricultural waste and other biomass
175.13 	which is not farm-grown closed-loop biomass for up to three
175.14 	years after the project's electric generating facility becomes
175.15 	operational; provided, the project developer demonstrates the
175.16 	project will use the designated short-rotation woody crops as
175.17 	its primary fuel after the interim period.
175.18 	(c) A biomass project that uses an interim fuel under the
175.19 	terms of paragraph (b) may, in addition, use an interim fuel
175.20 	under the terms of paragraph (a) for six years less the number
175.21 	of years that an interim fuel was used under paragraph (b).
175.22 	(d) A project developer proposing to use an exempt interim
175.23 	fuel under paragraphs (a) and (b) must demonstrate to the public
175.24 	utility that the project will have an adequate supply of
175.25 	short-rotation woody crops which meet the requirements of
175.26 	subdivision 1 to fuel the project after the interim period.
175.27 	(e) If a biomass project using an interim fuel under this
175.28 	subdivision is or becomes owned or controlled, directly or
175.29 	indirectly, by two municipal utilities as described in
175.30 	subdivision 5a, paragraph (b), the project is deemed to comply
175.31 	with the requirement under this subdivision to use farm-grown
175.32 	closed-loop biomass as its primary fuel if farm-grown
175.33 	closed-loop biomass comprises no less than 25 percent of the
175.34 	fuel used over the life of the project.  For purposes of this
175.35 	subdivision, "life of the project" means 20 years from the date
175.36 	the project becomes operational or the term of the applicable
176.1 	power purchase agreement between the project owner and the
176.2 	public utility, whichever is longer.

176.3 	Sec. 59. Minnesota Statutes 2004, section 216B.2424,
176.4 	subdivision 5a, is amended to read:
176.5 		Subd. 5a.Reduction of biomass mandate.  (a)
176.6 	Notwithstanding subdivision 5, the biomass electric energy
176.7 	mandate shall must be reduced from 125 megawatts to 110
176.8 	megawatts.
176.9 	(b) The Public Utilities Commission shall approve a request
176.10 	pending before the Public Utilities commission as of May 15,
176.11 	2003, for an amendment amendments to and assignment of a
176.12 	contract for power from power purchase agreement with the owner
176.13 	of a facility that uses short-rotation, woody crops as its
176.14 	primary fuel previously approved to satisfy a portion of the
176.15 	biomass mandate if the developer owner of the project agrees to
176.16 	reduce the size of its project from 50 megawatts to 35
176.17 	megawatts, while maintaining a an average price for energy at or
176.18 	below the current contract price.in nominal dollars measured
176.19 	over the term of the power purchase agreement at or below $104
176.20 	per megawatt-hour, exclusive of any price adjustments that may
176.21 	take effect subsequent to commission approval of the power
176.22 	purchase agreement, as amended.  The commission shall also
176.23 	approve, as necessary, any subsequent assignment or sale of the
176.24 	power purchase agreement or ownership of the project to an
176.25 	entity owned or controlled, directly or indirectly, by two
176.26 	municipal utilities located north of Constitutional Route No. 8,
176.27 	as described in section 161.114, which currently own electric
176.28 	and steam generation facilities using coal as a fuel and which
176.29 	propose to retrofit their existing municipal electrical
176.30 	generating facilities to utilize biomass fuels in order to
176.31 	perform the power purchase agreement.
176.32 	(c) If the power purchase agreement described in paragraph
176.33 	(b) is assigned to an entity that is, or becomes, owned or
176.34 	controlled, directly or indirectly, by two municipal entities as
176.35 	described in paragraph (b), and the power purchase agreement
176.36 	meets the price requirements of paragraph (b), the commission
177.1 	shall approve any amendments to the power purchase agreement
177.2 	necessary to reflect the changes in project location and
177.3 	ownership and any other amendments made necessary by those
177.4 	changes.  The commission shall also specifically find that:
177.5 	(1) the power purchase agreement complies with and fully
177.6 	satisfies the provisions of this section to the full extent of
177.7 	its 35-megawatt capacity;
177.8 	(2) all costs incurred by the public utility and all
177.9 	amounts to be paid by the public utility to the project owner
177.10 	under the terms of the power purchase agreement are fully
177.11 	recoverable pursuant to section 216B.1645;
177.12 	(3) subject to prudency review by the commission, the
177.13 	public utility may recover from its Minnesota retail customers
177.14 	the Minnesota jurisdictional portion of the amounts that may be
177.15 	incurred and paid by the public utility during the full term of
177.16 	the power purchase agreement; and 
177.17 	(4) if the purchase power agreement meets the requirements
177.18 	of this subdivision, it is reasonable and in the public interest.
177.19 	(d) The commission shall specifically approve recovery by
177.20 	the public utility of any and all Minnesota jurisdictional costs
177.21 	incurred by the public utility to improve, construct, install,
177.22 	or upgrade transmission, distribution, or other electrical
177.23 	facilities owned by the public utility or other persons in order
177.24 	to permit interconnection of the retrofitted biomass-fueled
177.25 	generating facilities or to obtain transmission service for the
177.26 	energy provided by the facilities to the public utility pursuant
177.27 	to section 216B.1645, and shall disapprove any provision in the
177.28 	power purchase agreement that requires the developer or owner of
177.29 	the project to pay the jurisdictional costs or that permit the
177.30 	public utility to terminate the power purchase agreement as a
177.31 	result of the existence of those costs or the public utility's
177.32 	obligation to pay any or all of those costs.

177.33 	Sec. 60. Minnesota Statutes 2004, section 216B.2424,
177.34 	subdivision 6, is amended to read:
177.35 		Subd. 6.Remaining megawatt compliance process.  (a) If
177.36 	there remain megawatts of biomass power generating capacity to
178.1 	fulfill the mandate in subdivision 5 after the commission has
178.2 	taken final action on all contracts filed by September 1, 2000,
178.3 	by a public utility, as amended and assigned,this subdivision
178.4 	governs final compliance with the biomass energy mandate in
178.5 	subdivision 5 subject to the requirements of subdivisions 7 and
178.6 	8.
178.7 	(b) To the extent not inconsistent with this subdivision,
178.8 	the provisions of subdivisions 2, 3, 4, and 5 apply to proposals
178.9 	subject to this subdivision.
178.10 	(c) A public utility must submit proposals to the
178.11 	commission to complete the biomass mandate.  The commission
178.12 	shall require a public utility subject to this section to issue
178.13 	a request for competitive proposals for projects for electric
178.14 	generation utilizing biomass as defined in paragraph (f) of this
178.15 	subdivision to provide the remaining megawatts of the mandate.
178.16 	The commission shall set an expedited schedule for submission of
178.17 	proposals to the utility, selection by the utility of proposals
178.18 	or projects, negotiation of contracts, and review by the
178.19 	commission of the contracts or projects submitted by the utility
178.20 	to the commission.
178.21 	(d) Notwithstanding the provisions of subdivisions 1 to 5
178.22 	but subject to the provisions of subdivisions 7 and 8, a new or
178.23 	existing facility proposed under this subdivision that is fueled
178.24 	either by biomass or by co-firing biomass with nonbiomass may
178.25 	satisfy the mandate in this section.  Such a facility need not
178.26 	use biomass that complies with the definition in subdivision 1
178.27 	if it uses biomass as defined in paragraph (f) of this
178.28 	subdivision.  Generating capacity produced by co-firing of
178.29 	biomass that is operational as of April 25, 2000, does not meet
178.30 	the requirements of the mandate, except that additional
178.31 	co-firing capacity added at an existing facility after April 25,
178.32 	2000, may be used to satisfy this mandate.  Only the number of
178.33 	megawatts of capacity at a facility which co-fires biomass that
178.34 	are directly attributable to the biomass and that become
178.35 	operational after April 25, 2000, count toward meeting the
178.36 	biomass mandate in this section.
179.1 	(e) Nothing in this subdivision precludes a facility
179.2 	proposed and approved under this subdivision from using fuel
179.3 	sources that are not biomass in compliance with subdivision 3.
179.4 	(f) Notwithstanding the provisions of subdivision 1, for
179.5 	proposals subject to this subdivision, "biomass" includes
179.6 	farm-grown closed-loop biomass; agricultural wastes, including
179.7 	animal, poultry, and plant wastes; and waste wood, including
179.8 	chipped wood, bark, brush, residue wood, and sawdust.
179.9 	(g) Nothing in this subdivision affects in any way
179.10 	contracts entered into as of April 25, 2000, to satisfy the
179.11 	mandate in subdivision 5.
179.12 	(h) Nothing in this subdivision requires a public utility
179.13 	to retrofit its own power plants for the purpose of co-firing
179.14 	biomass fuel, nor is a utility prohibited from retrofitting its
179.15 	own power plants for the purpose of co-firing biomass fuel to
179.16 	meet the requirements of this subdivision.

179.17 	Sec. 61. Minnesota Statutes 2004, section 216B.2424,
179.18 	subdivision 8, is amended to read:
179.19 		Subd. 8.Agricultural biomass requirement.  Of the 125
179.20 	megawatts mandated in subdivision 5, or 110 megawatts mandated
179.21 	in subdivision 5a,at least 75 megawatts of the generating
179.22 	capacity must be generated by facilities that use agricultural
179.23 	biomass as the principal fuel source.  For purposes of this
179.24 	subdivision, agricultural biomass includes only farm-grown
179.25 	closed-loop biomass and agricultural waste, including animal,
179.26 	poultry, and plant wastes.  For purposes of this subdivision,
179.27 	"principal fuel source" means a fuel source that satisfies at
179.28 	least 75 percent of the fuel requirements of an electric power
179.29 	generating facility.  Nothing in this subdivision is intended to
179.30 	expand the fuel source requirements of subdivision 5.

179.31 	Sec. 62. [219.552] OBSTRUCTING TREATMENT OF INJURED
179.32 	WORKER.
179.33 	It is unlawful for a railroad company or person employed by
179.34 	a railroad company to:
179.35 	(1) deny, delay, or interfere with medical treatment or
179.36 	first aid treatment to an employee of a railroad who has been
180.1 	injured during employment; or 
180.2 	(2) discipline or threaten to discipline an employee who
180.3 	has been injured during employment for requesting medical
180.4 	treatment or first aid treatment.

180.5 	Sec. 63. [219.553] ENFORCEMENT.
180.6 		Subdivision 1.Penalty. A person who believes that the
180.7 	person has been affected by a violation of section 219.552 may
180.8 	file a complaint with the commissioner of labor and industry who
180.9 	shall refer it to the Office of Administrative Hearings for
180.10 	consideration as a contested case.  Upon finding a violation,
180.11 	the administrative law judge may assess a penalty to the
180.12 	violating railroad company of up to $10,000 for a violation of
180.13 	section 219.552.  In determining the amount of the penalty, the
180.14 	administrative law judge shall consider those factors that must
180.15 	be considered in determining a monetary penalty under section
180.16 	221.036, subdivision 3.  The contents of the order must include
180.17 	the provisions specified in section 221.036, subdivision 4.
180.18 		Subd. 2.Administrative hearing or judicial review. A
180.19 	railroad company against which a penalty is imposed under
180.20 	subdivision 1 may request judicial review in district court.
180.21 	Judicial review under this subdivision is as provided in section
180.22 	221.036, subdivision 8.
180.23 		Subd. 3.Enforcement of penalty. A penalty ordered under
180.24 	subdivision 1 and due and payable under this section may be
180.25 	enforced by the attorney general in the manner provided under
180.26 	section 221.036, subdivision 11.

180.27 	Sec. 64. Minnesota Statutes 2004, section 237.11, is
180.28 	amended to read:
180.29 	237.11 INSPECTING RECORDS AND PROPERTY; REPORTS REQUIRED.
180.30 	Every telephone company subject to the provisions of this
180.31 	chapter, wherever organized, shall keep an office in this state,
180.32 	and make such reports to the department as it shall from time to
180.33 	time require.  All books, records, and files, whether they
180.34 	relate to competitive or noncompetitive services, and all of its
180.35 	property shall be at all times subject to inspection by the
180.36 	commission and the department.  It shall close its accounts and
181.1 	take therefrom a balance sheet on December 31 of each year, and
181.2 	on or before May 1 following, such balance sheet, together with
181.3 	such other information as the department shall require, verified
181.4 	by an officer of the telephone company, shall be filed with the
181.5 	commission and the department, except that a telephone company,
181.6 	competitive local exchange carrier, or independent telephone
181.7 	company is only required to file an annual report that includes
181.8 	the company's name, contact person, annual revenue, and status
181.9 	of it 911 update plan.
181.10 	In the event that any telephone company shall fail to file
181.11 	its annual report, as provided by this section, the department
181.12 	is authorized to make such an examination of the books, records,
181.13 	and vouchers of the company as is necessary to procure the
181.14 	necessary data for the annual report and cause the same to be
181.15 	prepared.  The expense of procuring this data and preparing this
181.16 	report shall be paid by the telephone company failing to report,
181.17 	and the amount paid shall be credited by the commissioner of
181.18 	finance to funds appropriated for the expense of the department.
181.19 	The department is authorized to force collection of such
181.20 	sum by an action at law in the name of the department.

181.21 	Sec. 65. Minnesota Statutes 2004, section 237.295,
181.22 	subdivision 1, is amended to read:
181.23 		Subdivision 1.payment for investigation filing fee for
181.24 	new authority. (a) Whenever the department or commission, in a
181.25 	proceeding upon its own motion, on complaint, or upon an
181.26 	application to it, considers it necessary, in order to carry out
181.27 	the duties imposed on it, to investigate the books, accounts,
181.28 	practices, and activities of any company, parties to the
181.29 	proceeding shall pay the expenses reasonably attributable to the
181.30 	proceeding.  The department and commission shall ascertain the
181.31 	expenses, and the department shall render a bill for those
181.32 	expenses to the parties, at the conclusion of the proceeding.
181.33 	The department is authorized to submit billings to parties at
181.34 	intervals selected by the department during the course of a
181.35 	proceeding.
181.36 	(b) The allocation of costs may be adjusted for cause by
182.1 	the commission during the course of the proceeding, or upon the
182.2 	closing of the docket and issuance of an order.  In addition to
182.3 	the rights granted in subdivision 3, parties to a proceeding may
182.4 	object to the allocation at any time during the proceeding.
182.5 	Withdrawal by a party to a proceeding does not absolve the party
182.6 	from paying allocated costs as determined by the commission.
182.7 	The commission may decide that a party should not pay any
182.8 	allocated costs of the proceeding.
182.9 	(c) The bill constitutes notice of the assessment and a
182.10 	demand for payment.  The amount of the bills assessed by the
182.11 	department under this subdivision must be paid by the parties
182.12 	into the state treasury within 30 days from the date of
182.13 	assessment.  The total amount, in a calendar year, for which a
182.14 	telephone company may become liable, by reason of costs incurred
182.15 	by the department and commission within that calendar year, may
182.16 	not exceed two-fifths of one percent of the gross jurisdictional
182.17 	operating revenue of the telephone company in the last preceding
182.18 	calendar year.  Direct charges may be assessed without regard to
182.19 	this limitation until the gross jurisdictional operating revenue
182.20 	of the telephone company for the preceding calendar year has
182.21 	been reported for the first time.  Where, under this
182.22 	subdivision, costs are incurred within a calendar year that are
182.23 	in excess of two-fifths of one percent of the gross
182.24 	jurisdictional operating revenues, the excess costs are not
182.25 	chargeable as part of the remainder under subdivision 2.
182.26 	(d) Except as otherwise provided in paragraph (e), for
182.27 	purposes of assessing the cost of a proceeding to a party,
182.28 	"party" means any entity or group subject to the laws and rules
182.29 	of this state, however organized, whether public or private,
182.30 	whether domestic or foreign, whether for profit or nonprofit,
182.31 	and whether natural, corporate, or political, such as a business
182.32 	or commercial enterprise organized as any type or combination of
182.33 	corporation, limited liability company, partnership, limited
182.34 	liability partnership, proprietorship, association, cooperative,
182.35 	joint venture, carrier, or utility, and any successor or
182.36 	assignee of any of them; a social or charitable organization;
183.1 	and any type or combination of political subdivision, which
183.2 	includes the executive, judicial, or legislative branch of the
183.3 	state, a local government unit, an agency of the state or a
183.4 	local government unit, or a combination of any of them.
183.5 	(e) For assessment and billing purposes, "party" does not
183.6 	include the Department of Commerce or the Residential Utilities
183.7 	Division of the Office of Attorney General; any entity or group
183.8 	instituted primarily for the purpose of mutual help and not
183.9 	conducted for profit; intervenors awarded compensation under
183.10 	section 237.075, subdivision 10; or any individual or group or
183.11 	counsel for the individual or group representing the interests
183.12 	of end users or classes of end users of services provided by
183.13 	telephone companies or telecommunications carriers, as
183.14 	determined by the commission An application for a new authority
183.15 	must be accompanied by a payment not to exceed $2,000 as
183.16 	determined by the Public Utilities Commission.  This fee will be
183.17 	reviewed annually and adjusted accordingly.

183.18 	Sec. 66. Minnesota Statutes 2004, section 237.295,
183.19 	subdivision 2, is amended to read:
183.20 		Subd. 2.Assessment of costs.  The department and
183.21 	commission shall quarterly, at least 30 days before the start of
183.22 	each quarter, estimate the total of their expenditures in the
183.23 	performance of their duties relating to telephone companies,
183.24 	other than amounts chargeable to telephone companies under
183.25 	subdivision 1, 5, or 6.  The remainder must be assessed by the
183.26 	department to the telephone companies operating in this state in
183.27 	proportion to their respective gross jurisdictional operating
183.28 	revenues during the last calendar year.  The assessment must be
183.29 	paid into the state treasury within 30 days after the bill has
183.30 	been mailed to the telephone companies.  The bill constitutes
183.31 	notice of the assessment and demand of payment.  The total
183.32 	amount that may be assessed to the telephone companies under
183.33 	this subdivision may not exceed one-eighth three-eighths of one
183.34 	percent of the total gross jurisdictional operating revenues
183.35 	during the calendar year.  The assessment for the third quarter
183.36 	of each fiscal year must be adjusted to compensate for the
184.1 	amount by which actual expenditures by the commission and
184.2 	department for the preceding fiscal year were more or less than
184.3 	the estimated expenditures previously assessed.  A telephone
184.4 	company with gross jurisdictional operating revenues of less
184.5 	than $5,000 is exempt from assessments under this subdivision.

184.6 	Sec. 67. [237.491] COMBINED PER NUMBER FEE.
184.7 		Subdivision 1.Definitions. (a) The definitions in this
184.8 	subdivision apply to this section.
184.9 	(b) "911 emergency and public safety communications program"
184.10 	means the program governed by chapter 403.
184.11 	(c) "Minnesota telephone number" means a ten-digit
184.12 	telephone number being used to connect to the public switched
184.13 	telephone network and starting with area code 218, 320, 507,
184.14 	612, 651, 763, or 952, or any subsequent area code assigned to
184.15 	this state.
184.16 	(d) "Service provider" means a provider doing business in
184.17 	this state who provides real time, two-way voice service with a
184.18 	Minnesota telephone number.
184.19 	(e) "Telecommunications access Minnesota program" means the
184.20 	program governed by sections 237.50 to 237.55.
184.21 	(f) "Telephone assistance program" means the program
184.22 	governed by sections 237.69 to 237.711.
184.23 		Subd. 2.Per number fee. (a) By January 15, 2006, the
184.24 	commissioner of commerce shall report to the legislature and to
184.25 	the senate Committee on Jobs, Energy, and Community Development
184.26 	and the house Committee on Regulated Industries, recommendations
184.27 	for the amount of and method for assessing a fee that would
184.28 	apply to each service provider based upon the number of
184.29 	Minnesota telephone numbers in use by current customers of the
184.30 	service provider.  The fee would be set at a level calculated to
184.31 	generate only the amount of revenue necessary to fund:
184.32 	(1) the telephone assistance program and the
184.33 	telecommunications access Minnesota program at the levels
184.34 	established by the commission under sections 237.52, subdivision
184.35 	2, and 237.70; and 
184.36 	(2) the 911 emergency and public safety communications
185.1 	program at the levels appropriated by law to the commissioner of
185.2 	public safety and the commissioner of finance for purposes of
185.3 	sections 403.11, 403.113, 403.27, 403.30, and 403.31 for each
185.4 	fiscal year.
185.5 	(b) The recommendations must include any changes to
185.6 	Minnesota Statutes necessary to establish the procedures whereby
185.7 	each service provider, to the extent allowed under federal law,
185.8 	would collect and remit the fee proceeds to the commissioner of
185.9 	revenue.  The commissioner of revenue would allocate the fee
185.10 	proceeds to the three funding areas in paragraph (a) and credit
185.11 	the allocations to the appropriate accounts.
185.12 	(c) The recommendations must be designed to allow the
185.13 	combined per telephone number fee to be collected beginning July
185.14 	1, 2006.  The per access line fee used to collect revenues to
185.15 	support the TAP, TAM, and 911 programs remains in effect until
185.16 	the statutory changes necessary to implement the per telephone
185.17 	number fee have become effective.
185.18 	(d) As part of the process of developing the
185.19 	recommendations and preparing the report to the legislature
185.20 	required under paragraph (a), the commissioner of commerce must,
185.21 	at a minimum, consult regularly with the Departments of Public
185.22 	Safety, Finance, and Administration, the Public Utilities
185.23 	Commission, service providers, the chairs and ranking minority
185.24 	members of the senate and house committees, subcommittees, and
185.25 	divisions having jurisdiction over telecommunications and public
185.26 	safety, and other affected parties.

185.27 	Sec. 68. Minnesota Statutes 2004, section 237.701,
185.28 	subdivision 1, is amended to read:
185.29 		Subdivision 1.Fund created; authorized expenditures.
 185.30 	The telephone assistance fund is created as a separate account
185.31 	in the state treasury to consist of amounts received by the
185.32 	commissioner of public safety representing the surcharge
185.33 	authorized by section 237.70, subdivision 6, and amounts earned
185.34 	on the fund assets.  Money in the fund may be used only for:
185.35 	(1) reimbursement to local service providers for expenses
185.36 	and credits allowed in section 237.70, subdivision 7, paragraph
186.1 	(d), clause (5);
186.2 	(2) reimbursement of the reasonable administrative expenses
186.3 	of the commission not to exceed $25,000 annually , a portion of
186.4 	which may be used for periodic promotional activities,
186.5 	including, but not limited to, radio or newspaper
186.6 	advertisements, to inform eligible households of the
186.7 	availability of the telephone assistance program; and
186.8 	(3) reimbursement of the statewide indirect cost of the
186.9 	commission.

186.10 	Sec. 69. Minnesota Statutes 2004, section 239.011,
186.11 	subdivision 2, is amended to read:
186.12 		Subd. 2.Duties and powers.  To carry out the
186.13 	responsibilities in section 239.01 and subdivision 1, the
186.14 	director:
186.15 	(1) shall take charge of, keep, and maintain in good order
186.16 	the standard of weights and measures of the state and keep a
186.17 	seal so formed as to impress, when appropriate, the letters
186.18 	"MINN" and the date of sealing upon the weights and measures
186.19 	that are sealed;
186.20 	(2) has general supervision of the weights, measures, and
186.21 	weighing and measuring devices offered for sale, sold, or in use
186.22 	in the state;
186.23 	(3) shall maintain traceability of the state standards to
186.24 	the national standards of the National Institute of Standards
186.25 	and Technology;
186.26 	(4) shall enforce this chapter;
186.27 	(5) shall grant variances from department rules, within the
186.28 	limits set by rule, when appropriate to maintain good commercial
186.29 	practices or when enforcement of the rules would cause undue
186.30 	hardship;
186.31 	(6) shall conduct investigations to ensure compliance with
186.32 	this chapter;
186.33 	(7) may delegate to division personnel the
186.34 	responsibilities, duties, and powers contained in this section;
186.35 	(8) shall test annually, and approve when found to be
186.36 	correct, the standards of weights and measures used by the
187.1 	division, by a town, statutory or home rule charter city, or
187.2 	county within the state, or by a person using standards to
187.3 	repair, adjust, or calibrate commercial weights and measures;
187.4 	(9) shall inspect and test weights and measures kept,
187.5 	offered, or exposed for sale;
187.6 	(10) shall inspect and test, to ascertain if they are
187.7 	correct, weights and measures commercially used to:
187.8 	(i) determine the weight, measure, or count of commodities
187.9 	or things sold, offered, or exposed for sale, on the basis of
187.10 	weight, measure, or count; and
187.11 	(ii) compute the basic charge or payment for services
187.12 	rendered on the basis of weight, measure, or count;
187.13 	(11) shall approve for use and mark weights and measures
187.14 	that are found to be correct;
187.15 	(12) shall reject, and mark as rejected, weights and
187.16 	measures that are found to be incorrect and may seize them if
187.17 	those weights and measures:
187.18 	(i) are not corrected within the time specified by the
187.19 	director;
187.20 	(ii) are used or disposed of in a manner not specifically
187.21 	authorized by the director; or
187.22 	(iii) are found to be both incorrect and not capable of
187.23 	being made correct, in which case the director shall condemn
187.24 	those weights and measures;
187.25 	(13) shall weigh, measure, or inspect packaged commodities
187.26 	kept, offered, or exposed for sale, sold, or in the process of
187.27 	delivery, to determine whether they contain the amount
187.28 	represented and whether they are kept, offered, or exposed for
187.29 	sale in accordance with this chapter and department rules.  In
187.30 	carrying out this section, the director must employ recognized
187.31 	sampling procedures, such as those contained in National
187.32 	Institute of Standards and Technology Handbook 133, "Checking
187.33 	the Net Contents of Packaged Goods";
187.34 	(14) shall prescribe the appropriate term or unit of weight
187.35 	or measure to be used for a specific commodity when an existing
187.36 	term or declaration of quantity does not facilitate value
188.1 	comparisons by consumers, or creates an opportunity for consumer
188.2 	confusion;
188.3 	(15) shall allow reasonable variations from the stated
188.4 	quantity of contents, including variations caused by loss or
188.5 	gain of moisture during the course of good distribution practice
188.6 	or by unavoidable deviations in good manufacturing practice,
188.7 	only after the commodity has entered commerce within the state;
188.8 	(16) shall inspect and test petroleum products in
188.9 	accordance with this chapter and chapter 296A;
188.10 	(17) shall distribute and post notices for used motor oil
188.11 	and used motor oil filters and lead acid battery recycling in
188.12 	accordance with sections 239.54, 325E.11, and 325E.115;
188.13 	(18) shall collect inspection fees in accordance with
188.14 	sections 239.10 and 239.101; and
188.15 	(19) shall provide metrological services and support to
188.16 	businesses and individuals in the United States who wish to
188.17 	market products and services in the member nations of the
188.18 	European Economic Community, and other nations outside of the
188.19 	United States by:
188.20 	(i) meeting, to the extent practicable, the measurement
188.21 	quality assurance standards described in the International
188.22 	Standards Organization ISO 9000, Guide 25 17025;
188.23 	(ii) maintaining, to the extent practicable, certification
188.24 	of the metrology laboratory by a governing body appointed by the
188.25 	European Economic Community an internationally accepted
188.26 	accrediting body such as the National Voluntary Laboratory
188.27 	Accreditation Program (NVLAP); and
188.28 	(iii) providing calibration and consultation services to
188.29 	metrology laboratories in government and private industry in the
188.30 	United States.

188.31 	Sec. 70. Minnesota Statutes 2004, section 239.05, is
188.32 	amended by adding a subdivision to read:
188.33 		Subd. 3a.Automotive fuel. For the purpose of enforcing
188.34 	the gasoline octane requirements in section 239.792, "automotive
188.35 	fuel" has the meaning given it in Code of Federal Regulations,
188.36 	title 16, section 306.0.

189.1 	Sec. 71. Minnesota Statutes 2004, section 239.05,
189.2 	subdivision 10b, is amended to read:
189.3 		Subd. 10b.oxygenate ethanol blender.  " Oxygenate Ethanol 
189.4 	blender" means a person who has registered with the division to
189.5 	blend and distribute, transport, sell, or offer blends and
189.6 	distributes, transports, sells, or offers to sell gasoline
189.7 	containing a minimum of 2.0 percent, and an average of 2.7ten 
189.8 	percent oxygen ethanol by weight volume.

189.9 	Sec. 72. Minnesota Statutes 2004, section 239.09, is
189.10 	amended to read:
189.11 	239.09 SPECIAL POLICE POWERS.
189.12 	When necessary to enforce this chapter or rules adopted
189.13 	under the authority granted by section 239.06, the director is:
189.14 	(1) authorized and empowered to arrest, without formal
189.15 	warrant, any violator of sections 325E.11 and 325E.115 or of the
189.16 	statute in relation to weights and measures;
189.17 	(2) empowered to seize for use as evidence and without
189.18 	formal warrant, any false weight, measure, weighing or measuring
189.19 	device, package, or commodity found to be used, retained, or
189.20 	offered or exposed for sale or sold in violation of law;
189.21 	(3) during normal business hours, authorized to enter
189.22 	commercial premises;
189.23 	(4) if the premises are not open to the public, authorized
189.24 	to enter commercial premises only after presenting credentials
189.25 	and obtaining consent or after obtaining a search warrant;
189.26 	(5) empowered to issue stop-use, hold, and removal orders
189.27 	with respect to weights and measures commercially used, and
189.28 	packaged commodities or bulk commodities kept, offered, or
189.29 	exposed for sale, that do not comply with the weights and
189.30 	measures laws; and 
189.31 	(6) empowered, upon reasonable suspicion of a violation of
189.32 	the weights and measures laws, to stop a commercial vehicle and,
189.33 	after presentation of credentials, inspect the contents of the
189.34 	vehicle, require that the person in charge of the vehicle
189.35 	produce documents concerning the contents, and require the
189.36 	person to proceed with the vehicle to some specified place for
190.1 	inspection; and 
190.2 	(7) empowered, after written warning, to issue citations of
190.3 	not less than $100 and not more than $500 to a person who
190.4 	violates any provision of this chapter, any provision of the
190.5 	rules adopted under the authority contained in this chapter, or
190.6 	any provision of statutes enforced by the division of weights
190.7 	and measures.

190.8 	Sec. 73. Minnesota Statutes 2004, section 239.101,
190.9 	subdivision 3, is amended to read:
190.10 		Subd. 3.Petroleum inspection fee.  (a) An inspection fee
190.11 	is imposed (1) on petroleum products when received by the first
190.12 	licensed distributor, and (2) on petroleum products received and
190.13 	held for sale or use by any person when the petroleum products
190.14 	have not previously been received by a licensed distributor.
190.15 	The petroleum inspection fee is $1 for every 1,000 gallons
190.16 	received.  The commissioner of revenue shall collect the fee.
190.17 	The revenue from 81 cents of the fee must first be applied to
190.18 	cover the amounts appropriated.  Fifteen cents of the inspection
190.19 	fee must be deposited in an account in the special revenue fund
190.20 	and is appropriated to the commissioner of commerce for the cost
190.21 	of petroleum product quality inspection expenses and for the
190.22 	inspection and testing of petroleum product-measuring
190.23 	equipment operations of the Division of Weights and Measures,
190.24 	petroleum supply monitoring, and the oil burner retrofit
190.25 	program.  The remainder of the fee must be deposited in the
190.26 	general fund.
190.27 	(b) The commissioner of revenue shall credit a person for
190.28 	inspection fees previously paid in error or for any material
190.29 	exported or sold for export from the state upon filing of a
190.30 	report as prescribed by the commissioner of revenue.
190.31 	(c) The commissioner of revenue may collect the inspection
190.32 	fee along with any taxes due under chapter 296A.

190.33 	Sec. 74. Minnesota Statutes 2004, section 239.75,
190.34 	subdivision 1, is amended to read:
190.35 		Subdivision 1.Inspection to be made.  The director shall:
190.36 	(1) take samples, free of charge, of petroleum products
191.1 	wherever processed, blended, held, stored, imported,
191.2 	transferred, offered for sale or use, or sold in Minnesota,
191.3 	limiting each sample to:
191.4 	(i) two-tenths of one one-half gallon, except when an
191.5 	octane test is planned; or 
191.6 	(ii) seven-tenths of one gallon for an octane test;
191.7 	(2) inspect and test petroleum product samples according to
191.8 	the methods of ASTM or other valid test methods adopted by rule,
191.9 	to determine whether the products comply with the specifications
191.10 	in section 239.761;
191.11 	(3) inspect petroleum product storage tanks to ensure that
191.12 	the products are free from water and impurities;
191.13 	(4) inspect and test samples submitted to the department by
191.14 	a licensed distributor, making the test results available to the
191.15 	distributor;
191.16 	(5) inspect the labeling, price posting, and price
191.17 	advertising of petroleum product dispensers and advertising
191.18 	signs at businesses or locations where petroleum products are
191.19 	sold, offered for sale or use, or dispensed into motor vehicles;
191.20 	(6) maintain records of all inspections and tests according
191.21 	to the records retention policies of the Department of
191.22 	Administration;
191.23 	(7) delegate to division personnel, at the director's
191.24 	discretion, any or all of the responsibilities, duties, and
191.25 	powers in sections 239.75 to 239.80;
191.26 	(8) publish octane test data and information to assist
191.27 	persons who use,produce and , distribute, or sell gasoline and
191.28 	gasoline-oxygenate blends petroleum-based heating and engine
191.29 	fuels;
191.30 	(9) register gasoline-oxygenate blenders according to the
191.31 	requirements of the EPA;
191.32 	(10) audit the records of any person responsible for the
191.33 	product to determine compliance with sections 239.75 to 239.792;
191.34 	(11) (10) after consulting with the commissioner of the
191.35 	Pollution Control Agency, grant a temporary exemption from the
191.36 	oxygenated gasoline gasoline-ethanol blending requirements in
192.1 	section 239.791 if the supply of oxygenate ethanol is
192.2 	insufficient to produce gasoline-oxygenate gasoline-ethanol 
192.3 	blends during an EPA-designated carbon monoxide control period;
192.4 	and
192.5 	(12) (11) adopt, as an enforcement policy for the division,
192.6 	reasonable margins of uncertainty for the tests used to
192.7 	determine compliance with the specifications in section 239.761,
192.8 	the oxygen percentages in section 239.791, and the octane
192.9 	requirements in section 239.792 and apply the margins of
192.10 	uncertainty to only tests performed by the division, not by
192.11 	adding the margins to uncertainties in tests performed by any
192.12 	person responsible for the product.

192.13 	Sec. 75. Minnesota Statutes 2004, section 239.75,
192.14 	subdivision 5, is amended to read:
192.15 		Subd. 5.Product quality, responsibility.  After a
192.16 	gasoline product petroleum-based engine fuel is purchased,
192.17 	transferred, or otherwise removed from a refinery or terminal,
192.18 	the person responsible for the product shall:
192.19 	(1) keep the product free from contamination with water and
192.20 	impurities;
192.21 	(2) not blend the product with dissimilar petroleum
192.22 	products, for example, gasoline must not be blended with diesel
192.23 	fuel;
192.24 	(3) not blend the product with any contaminant, dye,
192.25 	chemical, or additive, except:
192.26 	(i) agriculturally derived, denatured ethanol that complies
192.27 	with the specifications in this chapter;
192.28 	(ii) an antiknock additive, or an additive designed to
192.29 	replace tetra-ethyl lead, that is registered by the EPA; or 
192.30 	(iii) a dye to distinguish heating fuel from low sulfur
192.31 	diesel fuel; and or 
192.32 	(iv) biodiesel fuel that complies with the specifications
192.33 	in this chapter; and 
192.34 	(4) maintain a record of the name or chemical composition
192.35 	of the additive, with the product shipping manifest or bill of
192.36 	lading for one year after the date of the manifest or bill.

193.1 	Sec. 76. Minnesota Statutes 2004, section 239.761, is
193.2 	amended to read:
193.3 	239.761 PETROLEUM PRODUCT SPECIFICATIONS.
193.4 		Subdivision 1.Applicability. A person responsible for
193.5 	the product must meet the specifications in this section.  The
193.6 	specifications apply to petroleum products processed, held,
193.7 	stored, imported, transferred, distributed, offered for
193.8 	distribution, offered for sale or use, or sold in Minnesota.
193.9 		Subd. 2.Coordination with departments of revenue and
193.10 	agriculture. The petroleum product specifications in this
193.11 	section are intended to match the definitions and specifications
193.12 	in sections 41A.09 and 296A.01.  Petroleum products named in
193.13 	this section are defined in section 296A.01.
193.14 		Subd. 3.Gasoline. (a) Gasoline that is not blended with
193.15 	ethanol must not be contaminated with water or other impurities
193.16 	and must comply with ASTM specification D4814-01 D4814-04a.
193.17 	Gasoline that is not blended with ethanol must also comply with
193.18 	the volatility requirements in Code of Federal Regulations,
193.19 	title 40, part 80.
193.20 	(b) After gasoline is sold, transferred, or otherwise
193.21 	removed from a refinery or terminal, a person responsible for
193.22 	the product:
193.23 	(1) may blend the gasoline with agriculturally derived
193.24 	ethanol as provided in subdivision 4;
193.25 	(2) shall not blend the gasoline with any oxygenate other
193.26 	than denatured, agriculturally derived ethanol;
193.27 	(3) shall not blend the gasoline with other petroleum
193.28 	products that are not gasoline or denatured, agriculturally
193.29 	derived ethanol;
193.30 	(4) shall not blend the gasoline with products commonly and
193.31 	commercially known as casinghead gasoline, absorption gasoline,
193.32 	condensation gasoline, drip gasoline, or natural gasoline; and
193.33 	(5) may blend the gasoline with a detergent additive, an
193.34 	antiknock additive, or an additive designed to replace
193.35 	tetra-ethyl lead, that is registered by the EPA.
193.36 		Subd. 4.Gasoline blended with ethanol. (a) Gasoline may
194.1 	be blended with up to ten percent, by volume, agriculturally
194.2 	derived, denatured ethanol that complies with the requirements
194.3 	of subdivision 5.
194.4 	(b) A gasoline-ethanol blend must:
194.5 	(1) comply with the volatility requirements in Code of
194.6 	Federal Regulations, title 40, part 80;
194.7 	(2) comply with ASTM specification D4814-01 D4814-04a, or
194.8 	the gasoline base stock from which a gasoline-ethanol blend was
194.9 	produced must comply with ASTM specification D4814-01 D4814-04a;
194.10 	and
194.11 	(3) not be blended with casinghead gasoline, absorption
194.12 	gasoline, condensation gasoline, drip gasoline, or natural
194.13 	gasoline after the gasoline-ethanol blend has been sold,
194.14 	transferred, or otherwise removed from a refinery or terminal.
194.15 		Subd. 5.Denatured ethanol. Denatured ethanol that is to
194.16 	be blended with gasoline must be agriculturally derived and must
194.17 	comply with ASTM specification D4806-01 D4806-04a.  This
194.18 	includes the requirement that ethanol may be denatured only as
194.19 	specified in Code of Federal Regulations, title 27, parts 20 and
194.20 	21.
194.21 		Subd. 6.Gasoline blended with nonethanol oxygenate. (a)
194.22 	A person responsible for the product shall comply with the
194.23 	following requirements:
194.24 	(1) after July 1, 2000, gasoline containing in excess of
194.25 	one-third of one percent, in total, of nonethanol oxygenates
194.26 	listed in paragraph (b) must not be sold or offered for sale at
194.27 	any time in this state; and
194.28 	(2) after July 1, 2005, gasoline containing any of the
194.29 	nonethanol oxygenates listed in paragraph (b) must not be sold
194.30 	or offered for sale in this state.
194.31 	(b) The oxygenates prohibited under paragraph (a) are:
194.32 	(1) methyl tertiary butyl ether, as defined in section
194.33 	296A.01, subdivision 34;
194.34 	(2) ethyl tertiary butyl ether, as defined in section
194.35 	296A.01, subdivision 18; or
194.36 	(3) tertiary amyl methyl ether.
195.1 	(c) Gasoline that is blended with a nonethanol oxygenate
195.2 	must comply with ASTM specification D4814-01 D4814-04a.
195.3 	Nonethanol oxygenates must not be blended into gasoline after
195.4 	the gasoline has been sold, transferred, or otherwise removed
195.5 	from a refinery or terminal.
195.6 		Subd. 7.Heating fuel oil. Heating fuel oil must comply
195.7 	with ASTM specification D396-01 D396-02a.
195.8 		Subd. 8.Diesel fuel oil. Diesel fuel oil must comply
195.9 	with ASTM specification D975-01a D975-04b, except that diesel
195.10 	fuel oil is not required to meet the diesel lubricity standard
195.11 	until the date that the biodiesel fuel requirement in section
195.12 	239.77, subdivision 2, becomes effective or December 31, 2005,
195.13 	whichever comes first.
195.14 		Subd. 9.Kerosene. Kerosene must comply with ASTM
195.15 	specification D3699-01 D3699-03.
195.16 		Subd. 10.Aviation gasoline. Aviation gasoline must
195.17 	comply with ASTM specification D910-00 D910-04.
195.18 		Subd. 11.Aviation turbine fuel, jet fuel. Aviation
195.19 	turbine fuel and jet fuel must comply with ASTM specification
195.20 	D1655-01 D1655-04.
195.21 		Subd. 12.Gas turbine fuel oil. Fuel oil for use in
195.22 	nonaviation gas turbine engines must comply with ASTM
195.23 	specification D2880-00 D2880-03.
195.24 		Subd. 13.E85. A blend of ethanol and gasoline,
195.25 	containing at least 60 percent ethanol and not more than 85
195.26 	percent ethanol, produced for use as a motor fuel in alternative
195.27 	fuel vehicles as defined in section 296A.01, subdivision 5, must
195.28 	comply with ASTM specification D5798-99 (2004).
195.29 		Subd. 14.M85. A blend of methanol and gasoline,
195.30 	containing at least 85 percent methanol, produced for use as a
195.31 	motor fuel in alternative fuel vehicles as defined in section
195.32 	296A.01, subdivision 5, must comply with ASTM specification
195.33 	D5797-96.

195.34 	Sec. 77. Minnesota Statutes 2004, section 239.77, is
195.35 	amended by adding a subdivision to read:
195.36 		Subd. 4.Disclosure. A refinery or terminal shall
196.1 	provide, at the time diesel fuel is sold or transferred from the
196.2 	refinery or terminal, a bill of lading or shipping manifest to
196.3 	the person who receives the fuel.  For biodiesel-blended
196.4 	product, the bill of lading or shipping manifest must disclose
196.5 	biodiesel content, stating volume percentage, or gallons of
196.6 	biodiesel per gallons of petroleum diesel base-stock, or an ASTM
196.7 	"Bxx" designation where "xx" denotes the volume percent
196.8 	biodiesel included in the blended product.  This subdivision
196.9 	does not apply to sales or transfers of biodiesel blend stock
196.10 	between refineries, between terminals, or between a refinery and
196.11 	a terminal.

196.12 	Sec. 78. Minnesota Statutes 2004, section 239.79,
196.13 	subdivision 4, is amended to read:
196.14 		Subd. 4.Sale of certain petroleum products on gross
196.15 	volume basis.  A person responsible for the products listed in
196.16 	this subdivision shall transfer, ship, distribute, offer for
196.17 	distribution, sell, or offer to sell the products by volume.
196.18 	Volumetric measurement of the product must not be temperature
196.19 	compensated, or adjusted by any other factor.  This subdivision
196.20 	applies to gasoline, number one and number two diesel fuel oils,
196.21 	number one and number two heating fuel oils, kerosene, denatured
196.22 	ethanol that is to be blended into gasoline, and an oxygenate
196.23 	that is to be blended into gasoline , and biodiesel.  This
196.24 	subdivision does not apply to the measurement of petroleum
196.25 	products transferred, sold, or traded between refineries,
196.26 	between refineries and terminals, or between terminals.

196.27 	Sec. 79. Minnesota Statutes 2004, section 239.791,
196.28 	subdivision 1, is amended to read:
196.29 		Subdivision 1.Minimum ethanol content required.  (a)
196.30 	Except as provided in subdivisions 10 to 14, a person
196.31 	responsible for the product shall ensure that all gasoline sold
196.32 	or offered for sale in Minnesota must contain at least 10.0
196.33 	percent denatured ethanol by volume.
196.34 	(b) For purposes of enforcing the minimum ethanol
196.35 	requirement of paragraph (a), a gasoline/ethanol blend will be
196.36 	construed to be in compliance if the ethanol content, exclusive
197.1 	of denaturants and permitted contaminants, comprises not less
197.2 	than 9.2 percent by volume and not more than 10.0 percent by
197.3 	volume of the blend as determined by an appropriate United
197.4 	States Environmental Protection Agency or American Society of
197.5 	Testing Materials standard method of analysis of alcohol/ether
197.6 	content in motor engine fuels.

197.7 	Sec. 80. Minnesota Statutes 2004, section 239.791,
197.8 	subdivision 7, is amended to read:
197.9 		Subd. 7.oxygenate ethanol records; state audit.  The
197.10 	director shall audit the records of registered oxygenate ethanol 
197.11 	blenders to ensure that each blender has met all requirements in
197.12 	this chapter.  Specific information or data relating to sales
197.13 	figures or to processes or methods of production unique to the
197.14 	blender or that would tend to adversely affect the competitive
197.15 	position of the blender must be only for the confidential use of
197.16 	the director, unless otherwise specifically authorized by the
197.17 	registered blender.

197.18 	Sec. 81. Minnesota Statutes 2004, section 239.791,
197.19 	subdivision 8, is amended to read:
197.20 		Subd. 8.Disclosure.  A refinery or terminal, shall
197.21 	provide, at the time gasoline is sold or transferred from the
197.22 	refinery or terminal, a bill of lading or shipping manifest to
197.23 	the person who receives the gasoline.  For oxygenated gasoline,
197.24 	the bill of lading or shipping manifest must include the
197.25 	identity and the volume percentage or gallons of oxygenate
197.26 	included in the gasoline, and it must state:  "This fuel
197.27 	contains an oxygenate.  Do not blend this fuel with ethanol or
197.28 	with any other oxygenate." For nonoxygenated gasoline sold or
197.29 	transferred before October 1, 1997, the bill or manifest must
197.30 	state:  "This fuel must not be sold at retail in a carbon
197.31 	monoxide control area." For nonoxygenated gasoline sold or
197.32 	transferred after September 30, 1997, the bill or manifest must
197.33 	state:  "This fuel is not oxygenated.  It must not be sold at
197.34 	retail in Minnesota."  This subdivision does not apply to sales
197.35 	or transfers of gasoline between refineries, between terminals,
197.36 	or between a refinery and a terminal.

198.1 	Sec. 82. Minnesota Statutes 2004, section 239.791,
198.2 	subdivision 15, is amended to read:
198.3 		Subd. 15.Exemption for certain blend pumps. (a) A
198.4 	person responsible for the product, who offers for sale, sells,
198.5 	or dispenses nonoxygenated premium gasoline under one or more of
198.6 	the exemptions in subdivisions 10 to 14, may sell, offer for
198.7 	sale, or dispense oxygenated gasoline that contains less than
198.8 	the minimum amount of ethanol required under subdivision 1 if
198.9 	all of the following conditions are met:
198.10 	(1) the blended gasoline has an octane rating of 88 or
198.11 	greater;
198.12 	(2) the gasoline is a blend of oxygenated gasoline meeting
198.13 	the requirements of subdivision 1 with nonoxygenated premium
198.14 	gasoline;
198.15 	(3) the blended gasoline contains not more than ten percent
198.16 	nonoxygenated premium gasoline;
198.17 	(4) the blending of oxygenated gasoline with nonoxygenated
198.18 	gasoline occurs within the gasoline dispenser; and
198.19 	(5) the gasoline station at which the gasoline is sold,
198.20 	offered for sale, or delivered is equipped to store gasoline in
198.21 	not more than two storage tanks.
198.22 	(b) This subdivision applies only to those persons who meet
198.23 	the conditions in paragraph (a),clauses (1) through (5),on the
198.24 	effective date of this act August 1, 2004,and have registered
198.25 	with the director within three months of the effective that date
198.26 	of this act.

198.27 	Sec. 83. Minnesota Statutes 2004, section 239.792, is
198.28 	amended to read:
198.29 	239.792  GASOLINE OCTANE AUTOMOTIVE FUEL RATINGS,
198.30 	CERTIFICATION, AND POSTING.
198.31 		Subdivision 1.disclosure duties of refiners, importers,
198.32 	and producers. A manufacturer, hauler, blender, agent, jobber,
198.33 	consignment agent refiner, importer, or distributor who sells,
198.34 	delivers, or distributes gasoline or gasoline-oxygenate blends,
198.35 	shall provide, at the time of delivery, a bill of lading or
198.36 	shipping manifest to the person who receives the gasoline.  The
199.1 	bill or manifest must state the minimum octane of the gasoline
199.2 	delivered.  The stated octane number must be the average of the
199.3 	"motor method" octane number and the "research method" octane
199.4 	number as determined by the test methods in ASTM specification
199.5 	D4814-01, or by a test method adopted by department
199.6 	rule producer of automotive fuel must comply with the automotive
199.7 	fuel rating, certification, and record-keeping requirements of
199.8 	Code of Federal Regulations, title 16, sections 306.5 to 306.7.
199.9 		Subd. 2.dispenser labeling duties of distributors. A
199.10 	person responsible for the product shall clearly, conspicuously,
199.11 	and permanently label each gasoline dispenser that is used to
199.12 	sell gasoline or gasoline-oxygenate blends at retail or to
199.13 	dispense gasoline or gasoline-oxygenate blends into the fuel
199.14 	supply tanks of motor vehicles, with the minimum octane of the
199.15 	gasoline dispensed.  The label must meet the following
199.16 	requirements:
199.17 	(a) The octane number displayed on the label must represent
199.18 	the average of the "motor method" octane number and the
199.19 	"research method" octane number as determined by the test
199.20 	methods in ASTM specification D4814-01, or by a test method
199.21 	adopted by department rule.
199.22 	(b) The label must be at least 2-1/2 inches high and three
199.23 	inches wide, with a yellow background, black border, and black
199.24 	figures and letters.
199.25 	(c) The number representing the octane of the gasoline must
199.26 	be at least one inch high.
199.27 	(d) The label must include the words "minimum octane" and
199.28 	the term "(R+M)/2" or "(RON+MON)/2." A licensed distributor of
199.29 	automotive fuel must comply with the certification and
199.30 	record-keeping provisions of Code of Federal Regulations, title
199.31 	16, sections 306.8 and 306.9.
199.32 		Subd. 3.Duties of retailers. A person responsible for
199.33 	the product who sells or transfers automotive fuel to a consumer
199.34 	must comply with the automotive fuel rating posting and
199.35 	record-keeping requirements, and the label specifications of
199.36 	Code of Federal Regulations, title 16, sections 306.10 to 306.12.
200.1 		Subd. 4.Duties of director. Upon request, the director
200.2 	shall provide any person with a copy of Code of Federal
200.3 	Regulations, title 16, part 306.  Upon request, the director
200.4 	shall provide any distributor, retailer, or organization of
200.5 	distributors or retailers with the label specifications in Code
200.6 	of Federal Regulations, title 16, section 306.12.

200.7 	Sec. 84. Minnesota Statutes 2004, section 296A.01,
200.8 	subdivision 2, is amended to read:
200.9 		Subd. 2.Agricultural alcohol gasoline.  "Agricultural
200.10 	alcohol gasoline" means a gasoline-ethanol blend of up to ten
200.11 	percent agriculturally derived fermentation ethanol derived from
200.12 	agricultural products, such as potatoes, cereal, grains, cheese
200.13 	whey, sugar beets, forest products, or other renewable
200.14 	resources, that:
200.15 	(1) meets the specifications in ASTM specification D4806-01 
200.16 	D4806-04a; and
200.17 	(2) is denatured as specified in Code of Federal
200.18 	Regulations, title 27, parts 20 and 21.

200.19 	Sec. 85. Minnesota Statutes 2004, section 296A.01,
200.20 	subdivision 7, is amended to read:
200.21 		Subd. 7.Aviation gasoline.  "Aviation gasoline" means
200.22 	any gasoline that is capable of use for the purpose of producing
200.23 	or generating power for propelling internal combustion engine
200.24 	aircraft, that meets the specifications in ASTM
200.25 	specification D910-00 D910-04, and that either:
200.26 	(1) is invoiced and billed by a producer, manufacturer,
200.27 	refiner, or blender to a distributor or dealer, by a distributor
200.28 	to a dealer or consumer, or by a dealer to consumer, as
200.29 	"aviation gasoline"; or
200.30 	(2) whether or not invoiced and billed as provided in
200.31 	clause (1), is received, sold, stored, or withdrawn from storage
200.32 	by any person, to be used for the purpose of producing or
200.33 	generating power for propelling internal combustion engine
200.34 	aircraft.

200.35 	Sec. 86. Minnesota Statutes 2004, section 296A.01,
200.36 	subdivision 8, is amended to read:
201.1 		Subd. 8.Aviation turbine fuel and jet fuel.  "Aviation
201.2 	turbine fuel" and "jet fuel" mean blends of hydrocarbons derived
201.3 	from crude petroleum, natural gasoline, and synthetic
201.4 	hydrocarbons, intended for use in aviation turbine engines, and
201.5 	that meet the specifications in ASTM specification
201.6 	D1655-01 D1655.04.

201.7 	Sec. 87. Minnesota Statutes 2004, section 296A.01,
201.8 	subdivision 14, is amended to read:
201.9 		Subd. 14.Diesel fuel oil.  "Diesel fuel oil" means a
201.10 	petroleum distillate or blend of petroleum distillate and
201.11 	residual fuels, intended for use as a motor fuel in internal
201.12 	combustion diesel engines, that meets the specifications in ASTM
201.13 	specification D975-01A D975-04b, except that diesel fuel oil is
201.14 	not required to meet the diesel lubricity standard until the
201.15 	date that the biodiesel fuel requirement in section 239.77,
201.16 	subdivision 2, becomes effective or December 31, 2005, whichever
201.17 	comes first.  Diesel fuel includes number 1 and number 2 fuel
201.18 	oils.  K-1 kerosene is not diesel fuel unless it is blended with
201.19 	diesel fuel for use in motor vehicles.

201.20 	Sec. 88. Minnesota Statutes 2004, section 296A.01,
201.21 	subdivision 19, is amended to read:
201.22 		Subd. 19.E85.  "E85" means a petroleum product that is a
201.23 	blend of agriculturally derived denatured ethanol and gasoline
201.24 	or natural gasoline that typically contains 85 percent ethanol
201.25 	by volume, but at a minimum must contain 60 percent ethanol by
201.26 	volume.  For the purposes of this chapter, the energy content of
201.27 	E85 will be considered to be 82,000 BTUs per gallon.  E85
201.28 	produced for use as a motor fuel in alternative fuel vehicles as
201.29 	defined in subdivision 5 must comply with ASTM specification
201.30 	D5798-99 (2004).

201.31 	Sec. 89. Minnesota Statutes 2004, section 296A.01,
201.32 	subdivision 20, is amended to read:
201.33 		Subd. 20.Ethanol, denatured.  "Ethanol, denatured" means
201.34 	ethanol that is to be blended with gasoline, has been
201.35 	agriculturally derived, and complies with ASTM specification
201.36 	D4806-01 D4806-04a.  This includes the requirement that ethanol
202.1 	may be denatured only as specified in Code of Federal
202.2 	Regulations, title 27, parts 20 and 21.

202.3 	Sec. 90. Minnesota Statutes 2004, section 296A.01,
202.4 	subdivision 22, is amended to read:
202.5 		Subd. 22.Gas turbine fuel oil.  "Gas turbine fuel oil"
202.6 	means fuel that contains mixtures of hydrocarbon oils free of
202.7 	inorganic acid and excessive amounts of solid or fibrous foreign
202.8 	matter, intended for use in nonaviation gas turbine engines, and
202.9 	that meets the specifications in ASTM specification
202.10 	D2880-00 D2880-03.

202.11 	Sec. 91. Minnesota Statutes 2004, section 296A.01,
202.12 	subdivision 23, is amended to read:
202.13 		Subd. 23.Gasoline.  (a) "Gasoline" means:
202.14 	(1) all products commonly or commercially known or sold as
202.15 	gasoline regardless of their classification or uses, except
202.16 	casinghead gasoline, absorption gasoline, condensation gasoline,
202.17 	drip gasoline, or natural gasoline that under the requirements
202.18 	of section 239.761, subdivision 3, must not be blended with
202.19 	gasoline that has been sold, transferred, or otherwise removed
202.20 	from a refinery or terminal; and
202.21 	(2) any liquid prepared, advertised, offered for sale or
202.22 	sold for use as, or commonly and commercially used as, a fuel in
202.23 	spark-ignition, internal combustion engines, and that when
202.24 	tested by the Weights and Measures Division meets the
202.25 	specifications in ASTM specification D4814-01 D4814-04a.
202.26 	(b) Gasoline that is not blended with ethanol must not be
202.27 	contaminated with water or other impurities and must comply with
202.28 	both ASTM specification D4814-01 D4814-04a and the volatility
202.29 	requirements in Code of Federal Regulations, title 40, part 80.
202.30 	(c) After gasoline is sold, transferred, or otherwise
202.31 	removed from a refinery or terminal, a person responsible for
202.32 	the product:
202.33 	(1) may blend the gasoline with agriculturally derived
202.34 	ethanol, as provided in subdivision 24;
202.35 	(2) must not blend the gasoline with any oxygenate other
202.36 	than denatured, agriculturally derived ethanol;
203.1 	(3) must not blend the gasoline with other petroleum
203.2 	products that are not gasoline or denatured, agriculturally
203.3 	derived ethanol;
203.4 	(4) must not blend the gasoline with products commonly and
203.5 	commercially known as casinghead gasoline, absorption gasoline,
203.6 	condensation gasoline, drip gasoline, or natural gasoline; and
203.7 	(5) may blend the gasoline with a detergent additive, an
203.8 	antiknock additive, or an additive designed to replace
203.9 	tetra-ethyl lead, that is registered by the EPA.

203.10 	Sec. 92. Minnesota Statutes 2004, section 296A.01,
203.11 	subdivision 24, is amended to read:
203.12 		Subd. 24.Gasoline blended with nonethanol oxygenate.
 203.13 	"Gasoline blended with nonethanol oxygenate" means gasoline
203.14 	blended with ETBE, MTBE, or other alcohol or ether, except
203.15 	denatured ethanol, that is approved as an oxygenate by the EPA,
203.16 	and that complies with ASTM specification D4814-01 D4814-04a.
203.17 	Oxygenates, other than denatured ethanol, must not be blended
203.18 	into gasoline after the gasoline has been sold, transferred, or
203.19 	otherwise removed from a refinery or terminal.

203.20 	Sec. 93. Minnesota Statutes 2004, section 296A.01,
203.21 	subdivision 25, is amended to read:
203.22 		Subd. 25.Gasoline blended with ethanol.  "Gasoline
203.23 	blended with ethanol" means gasoline blended with up to ten
203.24 	percent, by volume, agriculturally derived, denatured ethanol.
203.25 	The blend must comply with the volatility requirements in Code
203.26 	of Federal Regulations, title 40, part 80.  The blend must also
203.27 	comply with ASTM specification D4814-01 D4814-04a, or the
203.28 	gasoline base stock from which a gasoline-ethanol blend was
203.29 	produced must comply with ASTM specification D4814-01 D4814-04a;
203.30 	and the gasoline-ethanol blend must not be blended with
203.31 	casinghead gasoline, absorption gasoline, condensation gasoline,
203.32 	drip gasoline, or natural gasoline after the gasoline-ethanol
203.33 	blend has been sold, transferred, or otherwise removed from a
203.34 	refinery or terminal.  The blend need not comply with ASTM
203.35 	specification D4814-01 D4814-04a if it is subjected to a
203.36 	standard distillation test.  For a distillation test, a
204.1 	gasoline-ethanol blend is not required to comply with the
204.2 	temperature specification at the 50 percent liquid recovery
204.3 	point, if the gasoline from which the gasoline-ethanol blend was
204.4 	produced complies with all of the distillation specifications.

204.5 	Sec. 94. Minnesota Statutes 2004, section 296A.01,
204.6 	subdivision 26, is amended to read:
204.7 		Subd. 26.Heating fuel oil.  "Heating fuel oil" means a
204.8 	petroleum distillate, blend of petroleum distillates and
204.9 	residuals, or petroleum residual heating fuel that meets the
204.10 	specifications in ASTM specification D396-01 D396-02a.

204.11 	Sec. 95. Minnesota Statutes 2004, section 296A.01,
204.12 	subdivision 28, is amended to read:
204.13 		Subd. 28.Kerosene.  "Kerosene" means a refined petroleum
204.14 	distillate consisting of a homogeneous mixture of hydrocarbons
204.15 	essentially free of water, inorganic acidic and basic compounds,
204.16 	and excessive amounts of particulate contaminants and that meets
204.17 	the specifications in ASTM specification D3699-01 D3699-03.

204.18 	Sec. 96. Minnesota Statutes 2004, section 298.22, is
204.19 	amended by adding a subdivision to read:
204.20 		Subd. 10.Sale or privatization of functions. The
204.21 	commissioner of Iron Range resources and rehabilitation may not
204.22 	sell or privatize any project area or function of the agency
204.23 	without prior approval by a majority vote of the board.

204.24 	Sec. 97. Minnesota Statutes 2004, section 325E.311,
204.25 	subdivision 6, is amended to read:
204.26 		Subd. 6.Telephone solicitation.  "Telephone
204.27 	solicitation" means any voice communication over a telephone
204.28 	line for the purpose of encouraging the purchase or rental of,
204.29 	or investment in, property, goods, or services, whether the
204.30 	communication is made by a live operator, through the use of an
204.31 	automatic dialing-announcing device as defined in section
204.32 	325E.26, subdivision 2, or by other means.  Telephone
204.33 	solicitation does not include communications:
204.34 	(1) to any residential subscriber with that subscriber's
204.35 	prior express invitation or permission; or 
204.36 	(2) by or on behalf of any person or entity with whom a
205.1 	residential subscriber has a prior or current business or
205.2 	personal relationship;.
205.3 	Telephone solicitation also does not include communications
205.4 	where the caller is identified by a caller identification system
205.5 	and the call is:
205.6 	(3) (i) by or on behalf of an organization that is
205.7 	identified as a nonprofit organization under state or federal
205.8 	law; or 
205.9 	(4) (ii) by a person soliciting without the intent to
205.10 	complete, and who does not in fact complete, the sales
205.11 	presentation during the call, but who will complete the sales
205.12 	presentation at a later face-to-face meeting between the
205.13 	solicitor who makes the call and the prospective purchaser; or 
205.14 	(iii) by a political party as defined under section 200.02,
205.15 	subdivision 6.

205.16 	Sec. 98. [325F.991] 911 EMERGENCY PHONE SERVICE
205.17 	REPRESENTATIONS.
205.18 		Subdivision 1.Definitions. For purposes of this
205.19 	section, the terms defined in this subdivision have the meanings
205.20 	given them.
205.21 	(a) "911 emergency telecommunications system" means a
205.22 	dedicated emergency telecommunications system required by
205.23 	section 403.025.
205.24 	(b) "Person" means an individual, corporation, firm, or
205.25 	other legal entity.
205.26 	(c) "Service provider" means a person doing business in
205.27 	Minnesota who provides real time, two-way voice service
205.28 	interconnected with the public switched telephone network using
205.29 	numbers allocated for Minnesota by the North American Numbering
205.30 	Plan Administration.
205.31 		Subd. 2.Representations of 911 service. A person shall
205.32 	not advertise, market, or otherwise represent that the person
205.33 	furnishes a service capable of providing access to emergency
205.34 	services by dialing 911 unless the person provides a service
205.35 	that routes 911 calls through the 911 emergency
205.36 	telecommunications system.
206.1 		Subd. 3.Disclosure. A service provider that does not
206.2 	provide 911 dialing that routes 911 calls through the 911
206.3 	emergency telecommunications system must disclose that fact in
206.4 	all advertisements, marketing materials, and contracts.  The
206.5 	disclosure must be in capital letters, in 12-point font, and on
206.6 	the front page of the advertisement, marketing materials, and
206.7 	contracts.  The disclosure must state:  "THIS SERVICE DOES NOT
206.8 	ROUTE 911 CALLS THROUGH THE 911 EMERGENCY SYSTEM." 
206.9 		Subd. 4.Certain calls not 911 calls. For purposes of
206.10 	this section, 911 calls routed to the general access number at a
206.11 	public safety answering point do not qualify as being routed
206.12 	through a 911 emergency telecommunications system.

206.13 	Sec. 99. [354B.33] IRON RANGE RESOURCES AND
206.14 	REHABILITATION; EARLY SEPARATION INCENTIVE PROGRAM
206.15 	AUTHORIZATION.
206.16 	(a) Notwithstanding any law to the contrary, the
206.17 	commissioner of Iron Range resources and rehabilitation, in
206.18 	consultation with the commissioner of employee relations, may
206.19 	offer a targeted early separation incentive program for
206.20 	employees of the commissioner who have attained the age of 60
206.21 	years and have at least five years of allowable service credit
206.22 	under chapter 352, or who have received credit for at least 30
206.23 	years of allowable service under the provisions of chapter 352.
206.24 	(b) The early separation incentive program may include one
206.25 	or more of the following:
206.26 	(1) employer-paid postseparation health, medical, and
206.27 	dental insurance until age 65; and 
206.28 	(2) cash incentives that may, but are not required to be,
206.29 	used to purchase additional years of service credit through the
206.30 	Minnesota State Retirement System, to the extent that the
206.31 	purchases are otherwise authorized by law.
206.32 	(c) The commissioner of Iron Range resources and
206.33 	rehabilitation shall establish eligibility requirements for
206.34 	employees to receive an incentive.
206.35 	(d) The commissioner of Iron Range Resources and
206.36 	Rehabilitation, consistent with the established program
207.1 	provisions under paragraph (b), and with the eligibility
207.2 	requirements under paragraph (c), may designate specific
207.3 	programs or employees as eligible to be offered the incentive
207.4 	program.
207.5 	(e) Acceptance of the offered incentive must be voluntary
207.6 	on the part of the employee and must be in writing.  The
207.7 	incentive may only be offered at the sole discretion of the
207.8 	commissioner of Iron Range resources and rehabilitation.
207.9 	(f) The cost of the incentive is payable solely by funds
207.10 	made available to the commissioner of Iron Range resources and
207.11 	rehabilitation by law, but only on prior approval of the
207.12 	expenditures by a majority of the Iron Range Resources and
207.13 	Rehabilitation Board.
207.14 	(g) This section expires June 30, 2006.

207.15 	EFFECTIVE DATE. This section is effective the day
207.16 	following final enactment.

207.17 	Sec. 100. Minnesota Statutes 2004, section 357.021,
207.18 	subdivision 1a, is amended to read:
207.19 		Subd. 1a.Transmittal of fees to commissioner of
207.20 	finance.  (a) Every person, including the state of Minnesota and
207.21 	all bodies politic and corporate, who shall transact any
207.22 	business in the district court, shall pay to the court
207.23 	administrator of said court the sundry fees prescribed in
207.24 	subdivision 2.  Except as provided in paragraph (d), the court
207.25 	administrator shall transmit the fees monthly to the
207.26 	commissioner of finance for deposit in the state treasury and
207.27 	credit to the general fund. $30 of each fee collected in a
207.28 	dissolution action under subdivision 2, clause (1), must be
207.29 	deposited by the commissioner of finance in the special revenue
207.30 	fund to be appropriated to the commissioner of employment and
207.31 	economic development for the displaced homemaker program under
207.32 	section 116L.96.
207.33 	(b) In a county which has a screener-collector position,
207.34 	fees paid by a county pursuant to this subdivision shall be
207.35 	transmitted monthly to the county treasurer, who shall apply the
207.36 	fees first to reimburse the county for the amount of the salary
208.1 	paid for the screener-collector position.  The balance of the
208.2 	fees collected shall then be forwarded to the commissioner of
208.3 	finance for deposit in the state treasury and credited to the
208.4 	general fund.  In a county in a judicial district under section
208.5 	480.181, subdivision 1, paragraph (b), which has a
208.6 	screener-collector position, the fees paid by a county shall be
208.7 	transmitted monthly to the commissioner of finance for deposit
208.8 	in the state treasury and credited to the general fund.  A
208.9 	screener-collector position for purposes of this paragraph is an
208.10 	employee whose function is to increase the collection of fines
208.11 	and to review the incomes of potential clients of the public
208.12 	defender, in order to verify eligibility for that service.
208.13 	(c) No fee is required under this section from the public
208.14 	authority or the party the public authority represents in an
208.15 	action for:
208.16 	(1) child support enforcement or modification, medical
208.17 	assistance enforcement, or establishment of parentage in the
208.18 	district court, or in a proceeding under section 484.702;
208.19 	(2) civil commitment under chapter 253B;
208.20 	(3) the appointment of a public conservator or public
208.21 	guardian or any other action under chapters 252A and 525;
208.22 	(4) wrongfully obtaining public assistance under section
208.23 	256.98 or 256D.07, or recovery of overpayments of public
208.24 	assistance;
208.25 	(5) court relief under chapter 260;
208.26 	(6) forfeiture of property under sections 169A.63 and
208.27 	609.531 to 609.5317;
208.28 	(7) recovery of amounts issued by political subdivisions or
208.29 	public institutions under sections 246.52, 252.27, 256.045,
208.30 	256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, 260B.331,
208.31 	and 260C.331, or other sections referring to other forms of
208.32 	public assistance;
208.33 	(8) restitution under section 611A.04; or
208.34 	(9) actions seeking monetary relief in favor of the state
208.35 	pursuant to section 16D.14, subdivision 5.
208.36 	(d) The fees collected for child support modifications
209.1 	under subdivision 2, clause (13), must be transmitted to the
209.2 	county treasurer for deposit in the county general fund.  The
209.3 	fees must be used by the county to pay for child support
209.4 	enforcement efforts by county attorneys.

209.5 	Sec. 101. Minnesota Statutes 2004, section 357.021,
209.6 	subdivision 2, is amended to read:
209.7 		Subd. 2.Fee amounts.  The fees to be charged and
209.8 	collected by the court administrator shall be as follows:
209.9 	(1) In every civil action or proceeding in said court,
209.10 	including any case arising under the tax laws of the state that
209.11 	could be transferred or appealed to the Tax Court, the
209.12 	plaintiff, petitioner, or other moving party shall pay, when the
209.13 	first paper is filed for that party in said action, a fee of
209.14 	$235 $240, except in marriage dissolution actions the fee is
209.15 	$270.
209.16 	The defendant or other adverse or intervening party, or any
209.17 	one or more of several defendants or other adverse or
209.18 	intervening parties appearing separately from the others, shall
209.19 	pay, when the first paper is filed for that party in said
209.20 	action, a fee of $235 $240, except in marriage dissolution
209.21 	actions the fee is $270.
209.22 	The party requesting a trial by jury shall pay $75.
209.23 	The fees above stated shall be the full trial fee
209.24 	chargeable to said parties irrespective of whether trial be to
209.25 	the court alone, to the court and jury, or disposed of without
209.26 	trial, and shall include the entry of judgment in the action,
209.27 	but does not include copies or certified copies of any papers so
209.28 	filed or proceedings under chapter 103E, except the provisions
209.29 	therein as to appeals.
209.30 	(2) Certified copy of any instrument from a civil or
209.31 	criminal proceeding, $10, and $5 for an uncertified copy.
209.32 	(3) Issuing a subpoena, $12 for each name.
209.33 	(4) Filing a motion or response to a motion in civil,
209.34 	family, excluding child support, and guardianship cases, $55.
209.35 	(5) Issuing an execution and filing the return thereof;
209.36 	issuing a writ of attachment, injunction, habeas corpus,
210.1 	mandamus, quo warranto, certiorari, or other writs not
210.2 	specifically mentioned, $40.
210.3 	(6) Issuing a transcript of judgment, or for filing and
210.4 	docketing a transcript of judgment from another court, $30.
210.5 	(7) Filing and entering a satisfaction of judgment, partial
210.6 	satisfaction, or assignment of judgment, $5.
210.7 	(8) Certificate as to existence or nonexistence of
210.8 	judgments docketed, $5 for each name certified to.
210.9 	(9) Filing and indexing trade name; or recording basic
210.10 	science certificate; or recording certificate of physicians,
210.11 	osteopaths, chiropractors, veterinarians, or optometrists, $5.
210.12 	(10) For the filing of each partial, final, or annual
210.13 	account in all trusteeships, $40.
210.14 	(11) For the deposit of a will, $20.
210.15 	(12) For recording notary commission, $100, of which,
210.16 	notwithstanding subdivision 1a, paragraph (b), $80 must be
210.17 	forwarded to the commissioner of finance to be deposited in the
210.18 	state treasury and credited to the general fund.
210.19 	(13) Filing a motion or response to a motion for
210.20 	modification of child support, a fee fixed by rule or order of
210.21 	the Supreme Court.
210.22 	(14) All other services required by law for which no fee is
210.23 	provided, such fee as compares favorably with those herein
210.24 	provided, or such as may be fixed by rule or order of the court.
210.25 	(15) In addition to any other filing fees under this
210.26 	chapter, a surcharge in the amount of $75 must be assessed in
210.27 	accordance with section 259.52, subdivision 14, for each
210.28 	adoption petition filed in district court to fund the fathers'
210.29 	adoption registry under section 259.52.
210.30 	The fees in clauses (3) and (5) need not be paid by a
210.31 	public authority or the party the public authority represents.

210.32 	Sec. 102. [446A.083] METHAMPHETAMINE LABORATORY CLEANUP
210.33 	REVOLVING FUND.
210.34 		Subdivision 1.Definitions. As used in this section:
210.35 	(1) "clandestine lab site" has the meaning given in section
210.36 	152.0275, subdivision 1, paragraph (a);
211.1 	(2) "property" has the meaning given in section 152.0275,
211.2 	subdivision 2, paragraph (a), but does not include motor
211.3 	vehicles; and 
211.4 	(3) "remediate" has the meaning given to remediation in
211.5 	section 152.0275, subdivision 1, paragraph (a).
211.6 		Subd. 2.Fund established. The authority shall establish
211.7 	a methamphetamine laboratory cleanup revolving fund to provide
211.8 	loans to counties and cities to remediate clandestine lab
211.9 	sites.  The fund must be credited with repayments.
211.10 		Subd. 3.Applications. Applications by a county or city
211.11 	for a loan from the fund must be made to the authority on the
211.12 	forms prescribed by the authority.  The application must
211.13 	include, but is not limited to:
211.14 	(1) the amount of the loan requested and the proposed use
211.15 	of the loan proceeds;
211.16 	(2) the source of revenues to repay the loan; and 
211.17 	(3) certification by the county or city that it meets the
211.18 	loan eligibility requirements of subdivision 4.
211.19 		Subd. 4.Loan eligibility. A county or city is eligible
211.20 	for a loan under this section if the county or city:
211.21 	(1) identifies a site or sites designated by a local public
211.22 	health department or law enforcement as a clandestine lab site;
211.23 	(2) has required the site's property owner to remediate the
211.24 	site at cost, under a local public health nuisance ordinance
211.25 	that addresses clandestine lab remediation;
211.26 	(3) certifies that the property owner cannot pay for the
211.27 	remediation immediately;
211.28 	(4) certifies that the property owner has not properly
211.29 	remediated the site; and 
211.30 	(5) issues a revenue bond payable to the authority to
211.31 	secure the loan.
211.32 		Subd. 5.Use of loan proceeds; reimbursement by property
211.33 	owner. (a) A loan recipient shall use the loan to remediate the
211.34 	clandestine lab site or if this has already been done to
211.35 	reimburse the applicable county or city fund for costs paid by
211.36 	the recipient to remediate the clandestine lab site.
212.1 	(b) A loan recipient shall seek reimbursement from the
212.2 	owner of the property containing the clandestine lab site for
212.3 	the costs of the remediation.  In addition to other lawful means
212.4 	of seeking reimbursement, the loan recipient may recover its
212.5 	costs through a property tax assessment by following the
212.6 	procedures specified in section 145A.08, subdivision 2,
212.7 	paragraph (c).
212.8 		Subd. 6.Award and disbursement of funds. The authority
212.9 	shall award loans to recipients on a first-come, first-served
212.10 	basis, provided that the recipient is able to comply with the
212.11 	terms and conditions of the authority loan, which must be in
212.12 	conformance with this section.  The authority shall make a
212.13 	single disbursement of the loan upon receipt of a payment
212.14 	request that includes a list of remediation expenses and
212.15 	evidence that a second-party sampling was undertaken to ensure
212.16 	that the remediation work was successful or a guarantee that
212.17 	such a sampling will be undertaken.
212.18 		Subd. 7.Loan conditions and terms. (a) When making
212.19 	loans from the revolving fund, the authority shall comply with
212.20 	the criteria in paragraphs (b) to (e).
212.21 	(b) Loans must be made at a two percent per annum interest
212.22 	rate for terms not to exceed ten years unless the recipient
212.23 	requests a 20-year term due to financial hardship.
212.24 	(c) The annual principal and interest payments must begin
212.25 	no later than one year after completion of the clean up.  Loans
212.26 	must be amortized no later than 20 years after completion of the
212.27 	clean up.
212.28 	(d) A loan recipient must identify and establish a source
212.29 	of revenue for repayment of the loan and must undertake whatever
212.30 	steps are necessary to collect payments within one year of
212.31 	receipt of funds from the authority.
212.32 	(e) The fund must be credited with all payments of
212.33 	principal and interest on all loans, except the costs as
212.34 	permitted under section 446A.04, subdivision 5, paragraph (a).
212.35 	(f) Loans must be made only to recipients with a local
212.36 	public health nuisance ordinance that addresses clandestine lab
213.1 	remediation.
213.2 		Subd. 8.Authority to incur debt. Counties and cities
213.3 	may incur debt under this section by resolution of the board or
213.4 	council authorizing issuance of a revenue bond to the authority.
213.5 	
EFFECTIVE DATE. This section is effective July 1, 2005.

213.6 	Sec. 103. Minnesota Statutes 2004, section 469.050,
213.7 	subdivision 5, is amended to read:
213.8 		Subd. 5.Pay.  A commissioner, including the president,
213.9 	must be paid $35 $55 for each regular or special port authority
213.10 	meeting attended and shall receive reimbursement for expenses
213.11 	incurred while performing duties.  The advisory members of the
213.12 	Duluth authority from the legislature must not be paid for their
213.13 	service to the authority.

213.14 	Sec. 104. Minnesota Statutes 2004, section 469.1082,
213.15 	subdivision 1, is amended to read:
213.16 		Subdivision 1.Authority to create.  A county located
213.17 	outside the metropolitan area may form a county economic
213.18 	development authority or grant a housing and redevelopment
213.19 	authority the powers specified in subdivision 4, clause (2), if
213.20 	it receives a recommendation to do so from a committee formed
213.21 	under subdivision 2.  An economic development authority
213.22 	established under this section has all the powers and rights of
213.23 	an authority under sections 469.090 to 469.1081, except the
213.24 	authority granted under section 469.094 if so limited under
213.25 	subdivision 4.  This section is in addition to any other
213.26 	authority to create a county economic development authority or
213.27 	service provider.

213.28 	Sec. 105. Minnesota Statutes 2004, section 469.310,
213.29 	subdivision 11, is amended to read:
213.30 		Subd. 11.Qualified business.  (a) "Qualified business"
213.31 	means A person carrying on a trade or business at a place of
213.32 	business located within a job opportunity building zone is a
213.33 	qualified business for the purposes of sections 469.310 to
213.34 	469.320 according to the criteria in paragraphs (b) to (f).
213.35 	(b) A person is a qualified business only on those parcels
213.36 	of land for which the person has entered into a business subsidy
214.1 	agreement, as required under section 469.313, with the
214.2 	appropriate local government unit in which the parcels are
214.3 	located.
214.4 	(c) Prior to execution of the business subsidy agreement,
214.5 	the local government unit must consider the following factors:
214.6 	(1) how wages compare to the regional industry average;
214.7 	(2) the number of jobs that will be provided relative to
214.8 	overall employment in the community;
214.9 	(3) the economic outlook for the industry the business will
214.10 	engage in;
214.11 	(4) sales that will be generated from outside the state of
214.12 	Minnesota;
214.13 	(5) how the business will build on existing regional
214.14 	strengths or diversify the regional economy;
214.15 	(6) how the business will increase capital investment in
214.16 	the zone; and 
214.17 	(7) any other criteria the commissioner deems necessary.
214.18 	(b) (d) A person that relocates a trade or business from
214.19 	outside a job opportunity building zone into a zone is not a
214.20 	qualified business,unless the business meets all of the
214.21 	requirements of paragraphs (b) and (c) and:
214.22 	(1) (i) increases full-time employment in the first full
214.23 	year of operation within the job opportunity building zone by at
214.24 	least a minimum of five jobs or 20 percent, whichever is
214.25 	greater,measured relative to the operations that were relocated
214.26 	and maintains the required level of employment for each year the
214.27 	zone designation applies; or 
214.28 	(ii) makes a capital investment in the property located
214.29 	within a zone equivalent to ten percent of the gross revenues of
214.30 	operation that were relocated in the immediately preceding
214.31 	taxable year;and
214.32 	(2) enters a binding written agreement with the
214.33 	commissioner that:
214.34 	(i) pledges the business will meet the requirements of
214.35 	clause (1);
214.36 	(ii) provides for repayment of all tax benefits enumerated
215.1 	under section 469.315 to the business under the procedures in
215.2 	section 469.319, if the requirements of clause (1) are not met
215.3 	for the taxable year or for taxes payable during the year in
215.4 	which the requirements were not met; and
215.5 	(iii) contains any other terms the commissioner determines
215.6 	appropriate.
215.7 	(e) The commissioner may waive the requirements under
215.8 	paragraph (d), clause (1), if the commissioner determines that
215.9 	the qualified business will substantially achieve the factors
215.10 	under this subdivision.
215.11 	(f) A business is not a qualified business if, at its
215.12 	location or locations in the zone, the business is primarily
215.13 	engaged in making retail sales to purchasers who are physically
215.14 	present at the business's zone location.
215.15 	(g) A qualifying business must pay each employee
215.16 	compensation, including benefits not mandated by law, that on an
215.17 	annualized basis is equal to at least 110 percent of the federal
215.18 	poverty level for a family of four.
215.19 	
EFFECTIVE DATE. This section is effective the day
215.20 	following final enactment and applies to any business entering a
215.21 	business subsidy agreement for a job opportunity development
215.22 	zone after that date, except that paragraph (b) is effective
215.23 	retroactively from June 9, 2003.

215.24 	Sec. 106. Minnesota Statutes 2004, section 469.319,
215.25 	subdivision 1, is amended to read:
215.26 		Subdivision 1.Repayment obligation.  A business must
215.27 	repay the amount of the total tax reduction listed in section
215.28 	469.315 and any refund under section 469.318 in excess of tax
215.29 	liability, received during the two years immediately before it
215.30 	ceased to operate in the zone, if the business:
215.31 	(1) received tax reductions authorized by section 469.315;
215.32 	and
215.33 	(2)(i) did not meet the goals specified in an agreement
215.34 	entered into with the applicant that states any obligation the
215.35 	qualified business must fulfill in order to be eligible for tax
215.36 	benefits.  The commissioner of employment and economic
216.1 	development may extend for up to one year the period for meeting
216.2 	any goals provided in an agreement.  The applicant may extend
216.3 	the period for meeting other goals by documenting in writing the
216.4 	reason for the extension and attaching a copy of the document to
216.5 	its next annual report to the commissioner of employment and
216.6 	economic development; or
216.7 	(ii) ceased to operate its facility located within the job
216.8 	opportunity building zone or otherwise ceases to be or is not a
216.9 	qualified business.
216.10 	
EFFECTIVE DATE. This section is effective the day
216.11 	following final enactment.

216.12 	Sec. 107. Minnesota Statutes 2004, section 469.319, is
216.13 	amended by adding a subdivision to read:
216.14 		Subd. 6.Reconciliation. Where this section is
216.15 	inconsistent with section 116J.994, subdivision 3, paragraph
216.16 	(e), or 6, or any other provisions of sections 116J.993 to
216.17 	116J.995, this section prevails.
216.18 	
EFFECTIVE DATE. This section is effective the day
216.19 	following final enactment.

216.20 	Sec. 108. Minnesota Statutes 2004, section 469.320,
216.21 	subdivision 3, is amended to read:
216.22 		Subd. 3.Remedies.  If the commissioner determines, based
216.23 	on a report filed under subdivision 1 or other available
216.24 	information, that a zone or subzone is failing to meet its
216.25 	performance goals, the commissioner may take any actions the
216.26 	commissioner determines appropriate, including modification of
216.27 	the boundaries of the zone or a subzone or termination of the
216.28 	zone or a subzone.  Before taking any action, the commissioner
216.29 	shall consult with the applicant and the affected local
216.30 	government units, including notifying them of the proposed
216.31 	actions to be taken. The commissioner shall publish any order
216.32 	modifying a zone in the State Register and on the Internet.The
216.33 	applicant may appeal the commissioner's order under the
216.34 	contested case procedures of chapter 14.
216.35 	
EFFECTIVE DATE. This section is effective the day
216.36 	following final enactment.

217.1 	Sec. 109. Minnesota Statutes 2004, section 469.330,
217.2 	subdivision 11, is amended to read:
217.3 		Subd. 11.Qualified business.  (a) "Qualified business"
217.4 	means a person carrying on a trade or business at a
217.5 	biotechnology and health sciences industry facility located
217.6 	within a biotechnology and health sciences industry zone. A
217.7 	person is a qualified business only on those parcels of land for
217.8 	which it has entered into a business subsidy agreement, as
217.9 	required under section 469.333, with the appropriate local
217.10 	government unit in which the parcels are located.
217.11 	(b) A person that relocates a biotechnology and health
217.12 	sciences industry facility from outside a biotechnology and
217.13 	health sciences industry zone into a zone is not a qualified
217.14 	business, unless the business:
217.15 	(1)(i) increases full-time employment in the first full
217.16 	year of operation within the biotechnology and health sciences
217.17 	industry zone by at least 20 percent measured relative to the
217.18 	operations that were relocated and maintains the required level
217.19 	of employment for each year the zone designation applies; or
217.20 	(ii) makes a capital investment in the property located
217.21 	within a zone equivalent to ten percent of the gross revenues of
217.22 	operation that were relocated in the immediately preceding
217.23 	taxable year; and
217.24 	(2) enters a binding written agreement with the
217.25 	commissioner that:
217.26 	(i) pledges the business will meet the requirements of
217.27 	clause (1);
217.28 	(ii) provides for repayment of all tax benefits enumerated
217.29 	under section 469.336 to the business under the procedures in
217.30 	section 469.340, if the requirements of clause (1) are not met;
217.31 	and
217.32 	(iii) contains any other terms the commissioner determines
217.33 	appropriate.
217.34 	
EFFECTIVE DATE. This section is effective retroactively
217.35 	from June 9, 2003.

217.36 	Sec. 110. Minnesota Statutes 2004, section 469.340,
218.1 	subdivision 1, is amended to read:
218.2 		Subdivision 1.Repayment obligation.  A business must
218.3 	repay the amount of the tax reduction listed in section 469.336
218.4 	and any refunds under sections 469.338 and 469.339 in excess of
218.5 	tax liability, received during the two years immediately before
218.6 	it ceased to operate in the zone, if the business:
218.7 	(1) received tax reductions authorized by section 469.336;
218.8 	and
218.9 	(2)(i) did not meet the goals specified in an agreement
218.10 	entered into with the applicant that states any obligation the
218.11 	qualified business must fulfill in order to be eligible for tax
218.12 	benefits.  The commissioner of employment and economic
218.13 	development may extend for up to one year the period for meeting
218.14 	any goals provided in an agreement.  The applicant may extend
218.15 	the period for meeting other goals by documenting in writing the
218.16 	reason for the extension and attaching a copy of the document to
218.17 	its next annual report to the commissioner of employment and
218.18 	economic development; or
218.19 	(ii) ceased to operate its facility located within the
218.20 	biotechnology and health sciences industry zone or otherwise
218.21 	ceases to be or is not a qualified business.
218.22 	
EFFECTIVE DATE. This section is effective the day
218.23 	following final enactment.

218.24 	Sec. 111. Minnesota Statutes 2004, section 474A.061,
218.25 	subdivision 2c, is amended to read:
218.26 		Subd. 2c.Public facilities pool allocation.  From the
218.27 	beginning of the calendar year and continuing for a period of
218.28 	120 days, the commissioner shall reserve $3,000,000 $5,000,000 
218.29 	of the available bonding authority from the public facilities
218.30 	pool for applications for public facilities projects to be
218.31 	financed by the Western Lake Superior Sanitary District.
218.32 	Commencing on the second Tuesday in January and continuing on
218.33 	each Monday through the last Monday in July, the commissioner
218.34 	shall allocate available bonding authority from the public
218.35 	facilities pool to applications for eligible public facilities
218.36 	projects received on or before the Monday of the preceding
219.1 	week.  If there are two or more applications for public
219.2 	facilities projects from the pool and there is insufficient
219.3 	available bonding authority to provide allocations for all
219.4 	projects in any one week, the available bonding authority shall
219.5 	be awarded by lot unless otherwise agreed to by the respective
219.6 	issuers.

219.7 	Sec. 112. Minnesota Statutes 2004, section 517.08,
219.8 	subdivision 1b, is amended to read:
219.9 		Subd. 1b.Term of license; fee; premarital education.
 219.10 	(a) The local registrar shall examine upon oath the party
219.11 	applying for a license relative to the legality of the
219.12 	contemplated marriage.  If at the expiration of a five-day
219.13 	period, on being satisfied that there is no legal impediment to
219.14 	it, including the restriction contained in section 259.13, the
219.15 	local registrar shall issue the license, containing the full
219.16 	names of the parties before and after marriage, and county and
219.17 	state of residence, with the county seal attached, and make a
219.18 	record of the date of issuance.  The license shall be valid for
219.19 	a period of six months.  In case of emergency or extraordinary
219.20 	circumstances, a judge of the district court of the county in
219.21 	which the application is made, may authorize the license to be
219.22 	issued at any time before the expiration of the five days.
219.23 	Except as provided in paragraph (b), the local registrar shall
219.24 	collect from the applicant a fee of $85 $100 for administering
219.25 	the oath, issuing, recording, and filing all papers required,
219.26 	and preparing and transmitting to the state registrar of vital
219.27 	statistics the reports of marriage required by this section.  If
219.28 	the license should not be used within the period of six months
219.29 	due to illness or other extenuating circumstances, it may be
219.30 	surrendered to the local registrar for cancellation, and in that
219.31 	case a new license shall issue upon request of the parties of
219.32 	the original license without fee.  A local registrar who
219.33 	knowingly issues or signs a marriage license in any manner other
219.34 	than as provided in this section shall pay to the parties
219.35 	aggrieved an amount not to exceed $1,000.
219.36 	(b) The marriage license fee for parties who have completed
220.1 	at least 12 hours of premarital education is $20 $30.  In order
220.2 	to qualify for the reduced fee, the parties must submit a signed
220.3 	and dated statement from the person who provided the premarital
220.4 	education confirming that it was received.  The premarital
220.5 	education must be provided by a licensed or ordained minister or
220.6 	the minister's designee, a person authorized to solemnize
220.7 	marriages under section 517.18, or a person authorized to
220.8 	practice marriage and family therapy under section 148B.33.  The
220.9 	education must include the use of a premarital inventory and the
220.10 	teaching of communication and conflict management skills.
220.11 	(c) The statement from the person who provided the
220.12 	premarital education under paragraph (b) must be in the
220.13 	following form:
220.14 	"I, (name of educator), confirm that (names of both
220.15 	parties) received at least 12 hours of premarital education that
220.16 	included the use of a premarital inventory and the teaching of
220.17 	communication and conflict management skills.  I am a licensed
220.18 	or ordained minister, a person authorized to solemnize marriages
220.19 	under Minnesota Statutes, section 517.18, or a person licensed
220.20 	to practice marriage and family therapy under Minnesota
220.21 	Statutes, section 148B.33."
220.22 	The names of the parties in the educator's statement must
220.23 	be identical to the legal names of the parties as they appear in
220.24 	the marriage license application.  Notwithstanding section
220.25 	138.17, the educator's statement must be retained for seven
220.26 	years, after which time it may be destroyed.
220.27 	(d) If section 259.13 applies to the request for a marriage
220.28 	license, the local registrar shall grant the marriage license
220.29 	without the requested name change.  Alternatively, the local
220.30 	registrar may delay the granting of the marriage license until
220.31 	the party with the conviction:
220.32 	(1) certifies under oath that 30 days have passed since
220.33 	service of the notice for a name change upon the prosecuting
220.34 	authority and, if applicable, the attorney general and no
220.35 	objection has been filed under section 259.13; or
220.36 	(2) provides a certified copy of the court order granting
221.1 	it.  The parties seeking the marriage license shall have the
221.2 	right to choose to have the license granted without the name
221.3 	change or to delay its granting pending further action on the
221.4 	name change request.

221.5 	Sec. 113. Minnesota Statutes 2004, section 517.08,
221.6 	subdivision 1c, is amended to read:
221.7 		Subd. 1c.Disposition of license fee.  (a) Of the
221.8 	marriage license fee collected pursuant to subdivision 1b,
221.9 	paragraph (a), $15 must be retained by the county.  The local
221.10 	registrar must pay $70 $85 to the commissioner of finance to be
221.11 	deposited as follows:
221.12 	(1) $50 in the general fund;
221.13 	(2) $3 in the special revenue fund to be appropriated to
221.14 	the commissioner of education for parenting time centers under
221.15 	section 119A.37;
221.16 	(3) $2 in the special revenue fund to be appropriated to
221.17 	the commissioner of health for developing and implementing the
221.18 	MN ENABL program under section 145.9255;
221.19 	(4) $10 $25 in the special revenue fund to be appropriated
221.20 	to the commissioner of employment and economic development for
221.21 	the displaced homemaker program under section 116L.96; and
221.22 	(5) $5 in the special revenue fund to be appropriated to
221.23 	the commissioner of human services for the Minnesota Healthy
221.24 	Marriage and Responsible Fatherhood Initiative under section
221.25 	256.742.
221.26 	(b) Of the $20 $30 fee under subdivision 1b, paragraph (b),
221.27 	$15 must be retained by the county.  The local registrar must
221.28 	pay $5 $15 to the commissioner of finance to be distributed 
221.29 	deposited as follows:
221.30 	(1) $5 as provided in paragraph (a), clauses (2) and (3);
221.31 	and 
221.32 	(2) $10 in the special revenue fund to be appropriated to
221.33 	the commissioner of employment and economic development for the
221.34 	displaced homemaker program under section 116L.96.
221.35 	(c) The increase in the marriage license fee under
221.36 	paragraph (a) provided for in Laws 2004, chapter 273, and
222.1 	disbursement of the increase in that fee to the special fund for
222.2 	the Minnesota Healthy Marriage and Responsible Fatherhood
222.3 	Initiative under paragraph (a), clause (5), is contingent upon
222.4 	the receipt of federal funding under United States Code, title
222.5 	42, section 1315, for purposes of the initiative.

222.6 	Sec. 114. Laws 1999, chapter 224, section 7, as amended by
222.7 	Laws 2004, chapter 261, article 6, section 3, is amended to read:
222.8 	Sec. 7SUNSET.
 222.9 	Sections 2 and 4 expire on August 1, 2005 2006, and
222.10 	Minnesota Statutes 1998, sections 237.63, 237.65, and 237.68,
222.11 	expire on December 31, 2004.

222.12 	EFFECTIVE DATE. This section is effective the day
222.13 	following final enactment.

222.14 	Sec. 115. TRANSITION PERIOD FOR CHIROPRACTOR AND PHYSICAL
222.15 	THERAPIST WORKERS' COMPENSATION FEE MAXIMUMS.
 222.16 	The requirement that the maximum fees for chiropractors and
222.17 	physical therapists under Minnesota Statutes, section 176.136,
222.18 	subdivision 1a, be the same as for medical physicians must be
222.19 	phased in over three years commencing January 1, 2006.  On
222.20 	January 1, 2006, the difference in those maximum fees must be
222.21 	reduced by one-third, on January 1, 2007, by another one-third,
222.22 	and on January 1, 2008, the difference must be eliminated and
222.23 	the maximum fees made the same.
222.24 	To ensure that the fee adjustments mandated by this section
222.25 	do not increase costs to the workers' compensation system, the
222.26 	commissioner of labor and industry shall on October 1, 2005,
222.27 	2006, and 2007, reduce the annual adjustment in the conversion
222.28 	factors under Minnesota Statutes, section 176.136, subdivision
222.29 	1a, so that savings in medical fee costs caused by the reduction
222.30 	approximately equal the increase in costs caused by the
222.31 	increased maximum fees provided by this section.  The actual
222.32 	fees shall be determined without application of any scaling
222.33 	factors, but shall not exceed the provider's uniform, customary,
222.34 	and reasonable fee.

222.35 	Sec. 116. SESQUICENTENNIAL COMMISSION.
 222.36 		Subdivision 1.Commission; purpose. The Minnesota
223.1 	Sesquicentennial Commission is established to plan for
223.2 	activities relating to Minnesota's 150th anniversary of
223.3 	statehood.  The commission shall create a plan for capital
223.4 	improvements, celebratory activities, and public engagement in
223.5 	every county in the state of Minnesota.
223.6 		Subd. 2.Membership. The commission shall consist of 17
223.7 	members who shall serve until the completion of the
223.8 	sesquicentennial year of statehood, appointed as follows:
223.9 	(1) nine members appointed by the governor, representing
223.10 	major corporate, nonprofit, and public sectors of the state,
223.11 	selected from all parts of the state;
223.12 	(2) two members appointed by the speaker of the house of
223.13 	representatives;
223.14 	(3) two members appointed by the minority leader of the
223.15 	house of representatives;
223.16 	(4) two members from the majority party in the senate,
223.17 	appointed by the Subcommittee on Committees; and 
223.18 	(5) two members from the minority party in the senate,
223.19 	appointed by the Subcommittee on Committees.
223.20 		Subd. 3.Compensation; operation. The governor shall
223.21 	appoint a chair from the membership of the commission.  The
223.22 	chair shall convene the first meeting and set the agenda for the
223.23 	commission.  The Minnesota Historical Society shall provide
223.24 	office space and staff support for the commission, and shall
223.25 	cooperate with the University of Minnesota and Minnesota State
223.26 	Colleges and Universities to support the programs of the
223.27 	commission.  Meetings shall be at the call of the chair and must
223.28 	be convened at least quarterly.  The commission may appoint an
223.29 	advisory council to advise and assist the commission with its
223.30 	duties.  Members shall receive no compensation for service on
223.31 	the Sesquicentennial Commission.  Members appointed by the
223.32 	governor may be reimbursed for expenses under Minnesota
223.33 	Statutes, section 15.059, subdivision 3.
223.34 		Subd. 4.Duties. The commission shall have the following
223.35 	duties:
223.36 	(1) to present to the governor, senate and house of
224.1 	representatives committees with jurisdiction over the Minnesota
224.2 	Historical Society, and the Minnesota Historical Society a plan
224.3 	for grants to pay for capital improvements on Minnesota's
224.4 	historic public and private buildings, to be known as
224.5 	sesquicentennial grants;
224.6 	(2) to seek funding for activities to celebrate the 150th
224.7 	anniversary of statehood, and to form partnerships with private
224.8 	parties to further this mission; and 
224.9 	(3) to present an annual report to the governor,
224.10 	legislative committees identified in clause (1), and the
224.11 	Minnesota Historical Society outlining progress made towards the
224.12 	celebration of the sesquicentennial.
224.13 		Subd. 5.Expiration. The commission shall continue to
224.14 	operate until January 30, 2009, at which time it shall expire.
224.15 	
EFFECTIVE DATE. This section is effective the day
224.16 	following final enactment.

224.17 	Sec. 117. EXTENDED EMPLOYMENT PROGRAM WAGE RATES.
 224.18 	The commissioner of employment and economic development
224.19 	must study the issue of the appropriate level of wages to be
224.20 	paid to participants in extended employment programs under
224.21 	Minnesota Statutes, chapter 268A.  The commissioner must consult
224.22 	with employers, rehabilitation facilities, program participants
224.23 	and their parents or legal guardians, advocacy groups, other
224.24 	involved government agencies, and others the commissioner
224.25 	determines necessary.  The commissioner shall report the results
224.26 	of the study along with any recommendations by February 1, 2006,
224.27 	to the chairs of the legislative committees with fiscal or
224.28 	policy jurisdiction over those extended employment programs.

224.29 	Sec. 118. REVISOR'S INSTRUCTION.
 224.30 	(a) The revisor of statutes shall insert a first grade
224.31 	headnote prior to Minnesota Statutes, section 181.722, that
224.32 	reads "MISREPRESENTATION OF EMPLOYMENT RELATIONSHIPS." 
224.33 	(b) The revisor of statutes shall renumber Minnesota
224.34 	Statutes, section 239.05, as section 239.051, alphabetize the
224.35 	definitions, and correct any cross-references to that section
224.36 	accordingly.

225.1 	Sec. 119. REPEALER.
 225.2 	(a) Minnesota Statutes 2004, sections 116J.573; 178.12; and
225.3 	239.05, subdivisions 6a and 6b, are repealed.
225.4 	(b) Laws 1999, chapter 125, section 4, as amended by Laws
225.5 	2002, chapter 398, section 7, is repealed.

225.6 	Sec. 120. EFFECTIVE DATE.
 225.7 	Sections 12 to 22 and 25 are effective January 1, 2006, and
225.8 	apply to service contracts issued on or after that date.  A
225.9 	provider transacting business in this state on or before the
225.10 	date of the enactment of this chapter, which submits an
225.11 	application for registration as a provider under Minnesota
225.12 	Statutes, section 59B.03, subdivision 3, within 30 days after
225.13 	the commissioner makes the application available, may continue
225.14 	to transact business in this state until final agency action is
225.15 	taken by the commissioner regarding the registration application
225.16 	and all rights to administrative and judicial review related to
225.17 	that final agency action have been exhausted or have expired.